BUILDING REGULATIONS 2006 S.R. No. 68/2006 Version incorporating amendments as at 1 September 2009 Building Regulations 2006 - TABLE OF PROVISIONS Regulation Page PART 1-PRELIMINARY Division 1-Introduction 101. Objectives 102. Authorising provisions 103. Commencement 104. Revocation 105. Definitions 106. Use of BCA terms 107. Numerical values 108. Use of buildings Division 2-Building Code of Australia 109. Building Code of Australia 110. Accreditation authority 111. Certificates under the BCA 112. Classification of buildings 113. Fire performance requirements-alternative solutions 114. Bushfire construction requirements PART 2-OWNER BUILDERS 201. Information to be contained in application for certificate of consent 202. Application fee for certificate of consent 203. Information to be contained in certificate of consent 204. Register of certificates of consent PART 3-BUILDING PERMITS Division 1-Applications 301. Applications for building permits 302. Application for permit to construct building 303. Application for permit to alter an existing building 304. Application for permit to demolish or remove building 305. Additional information to accompany application for permit to construct or alter 306. Exemption for stage of building work 307. Time limits-applications for building permits Division 2-Reporting authorities 308. Prescribed reporting authorities and prescribed matters 309. Requirements for permits involving fire safety matters 309A. Requirements for permits involving bushfire safety matters 310. Report and consent for building over easements 311. Report concerning need for electricity sub-stations 312. Maximum fees for report and consent Division 3-Building permits 313. Issue of building permit 314. Building surveyor to provide copy of permit 315. Commencement and completion of work 316. Applicant to make documents, permit available 317. Provision and display of permit information 318. Owner to notify change of owner or builder Division 4-Duties of building surveyor 319. Documents to be given to council 320. Lodgement fees 321. Building permit levies 322. Permit details 323. Guarantees and bonds Division 5-Duties of council 324. Period that documents must be kept 325. Council to make documents available 326. Requests for information 327. Fees for requests for information PART 4-SITING Division 1-Introduction 401. Application 402. Definitions 403. References to planning schemes 404. What is an existing building? 405. What is a single dwelling? 406. Exception concerning approved building envelopes Division 2-Single Class 1 buildings and associated Class 10 buildings 407. Application of Division 408. Maximum street setback 409. Minimum street setbacks 410. Building height 411. Site coverage 412. Permeability 413. Car parking 414. Side and rear setbacks 415. Walls on boundaries 416. Daylight to existing habitable room windows 417. Solar access to existing north-facing windows 418. Overshadowing of recreational private open space 419. Overlooking 420. Daylight to habitable room windows 421. Private open space Division 3-Siting of Class 10a buildings 422. Siting of Class 10a buildings Division 4-Class 10b buildings 423. Application of Division 424. Front fence height 425. Fence setbacks from side and rear boundaries 426. Fences on or within 150mm of side or rear boundaries 427. Fences on street alignments 428. Fences and daylight to windows in existing dwelling 429. Fences and solar access to existing north-facing habitable room windows 430. Fences and overshadowing of recreational private open space 431. Masts, poles etc. PART 5-ALLOTMENTS AND PROJECTIONS Division 1-Allotments 501. Application 502. Combined allotments 503. Subdivision of existing buildings Division 2-Projections 504. Projections beyond the street alignment 505. Architectural features 506. Windows and balconies 507. Verandahs 508. Sunblinds and awnings 509. Service pipes and rainwater heads 510. Window shutters 511. Signs 512. Service cabinet doors 513. Report and consent required 514. Footings adjoining boundaries are permissible Division 3-Buildings above or below certain public facilities 515. Buildings above or below certain public facilities PART 6-BUILDING WORK Division 1-General provisions 601. Testing of materials 602. Protection of adjoining property 603. Exceptions to carrying out protection work 604. Protection of the public 605. Excavations 606. Retaining walls 607. Demolition 608. Alterations to buildings 609. Alterations affecting exits and paths to exits 610. Storm water drainage Division 2-Special provisions 611. Extension of non-complying external wall 612. Record of pile-driving 613. Branding of timber PART 7-BUILDING WORK-SAFETY REQUIREMENTS Division 1-Existing swimming pools and spas 701. Definition of owner 702. Application of this Division 703. Requirement for barriers 704. Requirements for doors or gates 705. Requirements for windows in walls used as barriers Division 2-Fire safety in certain existing residential buildings 706. Definition of owner 707. Self contained smoke alarms 708. Residential care buildings-automatic fire sprinkler systems 709. Hard-wired smoke alarms or detection system 710. Shared accommodation buildings-automatic sprinkler systems PART 8-BUILDING WORK IN SPECIAL AREAS 801. Septic tank systems 802. Flood areas 803. Termite risk areas 804. Revoked 805. Alpine areas 806. Designated land or works 807. Designated special areas-mapping 808. Water supply for fire fighting purposes 809. Access for emergency vehicles PART 9-INSPECTIONS NOTICES AND ORDERS 901. Mandatory notification stages for inspection 902. Availability and keeping of directions 903. Emergency orders 904. Building notice 905. Building orders 906. Amendment or cancellation of a building order PART 10-OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION 1001. Application of Part 1002. Application for occupancy permit 1003. Reporting authorities for occupancy permit 1004. Time limits 1005. Form of occupancy permit 1006. Form of certificate of final inspection 1007. Display of occupancy permit at approved location 1008. Approved location for display of permit 1009. Owner to make permit available for inspection 1010. Keeping of occupancy permit records 1011. Change of use 1012. Information to be supplied to council 1013. Documents to be given to council 1014. Prescribed time to give council other documents 1015. Building surveyor to notify chief officer of issue of certificates of final inspection PART 11-PLACES OF PUBLIC ENTERTAINMENT 1101. Application 1102. Prescribed classes 1103. Occupancy permit applications for prescribed places of public entertainment made to Commission 1104. Prescribed temporary structures 1105. Conditions of use 1106. Structural design of structures PART 12-MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT Division 1-Maintenance of essential safety measures Subdivision 1-Maintenance of essential safety measures in buildings and places of public entertainment 1201. Application of this Subdivision 1202. Definitions 1203. Maintenance requirements for essential safety measures when occupancy permit required 1204. Maintenance requirements of essential safety measures in other circumstances 1205. Owner must comply with maintenance determination 1206. Building surveyor may create or update a maintenance schedule 1207. Maintenance schedule and maintenance determination to be available for inspection 1208. Owner must prepare annual report 1209. Contents and form of annual report 1210. Annual reports may be combined 1211. Annual reports and records to be made available Subdivision 2-Maintenance of essential safety measures in buildings and places of public entertainment constructed before 1 July 1994. 1212. Application of Subdivision 1213. Definition of essential safety measure in this Subdivision 1214. Owner of building or place constructed before 1 July 1994 must prepare annual report 1215. Contents and form of annual report for building or place constructed before 1 July 1994. 1216. Annual reports and records to be made available by owners of buildings constructed before 1 July 1994. 1217. Maintenance responsibility of owner of building or place constructed before 1 July 1994. Subdivision 3-Maintenance of exits and paths of travel relating to buildings or places of public entertainment 1218. Maintenance of exits by occupiers of buildings or places of public entertainment Division 2-Swimming pool and spa maintenance and operation 1219. Application of this Division 1220. Swimming pool and spa maintenance and operation PART 13-COOLING TOWER SYSTEMS 1301. Application to register or renew registration 1302. Registration and renewal fees 1303. Notification of alterations to cooling tower system 1304. Information to be included in the register PART 14-BUILDING PRODUCT ACCREDITATION Division 1-General 1401. Definitions 1402. Prescribed body to accredit products Division 2-Accreditation by Committee 1403. Application of Division 1404. Application for accreditation 1405. Accreditation fees 1406. Certificate of accreditation 1407. Registration of accredited products 1408. Revocation of accreditation 1409. Records 1410. Information in application to remain confidential 1411. Offence to falsely claim product accredited PART 15-BUILDING PRACTITIONERS 1501. Definition 1502. Professional standards 1503. Prescribed qualifications and classes 1504. Period for which private building surveyor may not act 1505. Certificates of compliance-proposed building work 1506. Certificates of compliance-building work 1507. Forms of certificates of compliance 1508. Duplicate certificate fee 1509. Prescribed information as to character of applicant for registration 1510. Notice of suspension 1511. Notice of suspension or cancellation PART 16-BUILDING APPEALS BOARD 1601. Appeal periods 1602. Building Appeals Board fees 1603. Additional fees 1604. Fees to be refunded PART 17-INFRINGEMENT NOTICES 1701. Application 1702. Authorised officers 1703. Prescribed offences 1704. Revoked 1705. Prescribed penalties 1706. Revoked PART 18-EXEMPTIONS Division 1-Exemptions for certain buildings and building work 1801. Exemptions from permits 1802. Exemptions from building regulations 1803. Exemption from permit for temporary structures 1804. Exemption for farm buildings Division 2-Exemptions in relation to certain buildings 1805. Exemptions relating to building surveyors 1806. Exemption from permit application fees Division 3-Exemptions relating to builders of multi-storey residential buildings 1807. Definitions 1808. Exemption from required insurance for builder 1809. Exemptions from required insurance for owner-builders Division 4-Exemptions from registration for certain building practitioners 1810. Domestic builders if work less than $5000. 1811. Builders of Class 10 buildings 1812. Builders of masts and similar Class 10b structures 1813. Draftsperson doing certain domestic building work 1814. Draftsperson doing certain work for engineer PART 19-GENERAL 1901. Approved forms PART 20-TRANSITIONAL PROVISIONS 2001. Annual essential safety measures reports 2002. Registration of building practitioners not affected by revocation of Building (Interim) Regulations 2005. 2003. Transitional provisions-Building Amendment Regulations 2009. __________________ SCHEDULE 1-Revocation SCHEDULE 1A-Modification of Part G5 of the BCA G5.0. Deemed-to-Satisfy Provisions G5.1. Application of Part G5.2. Protection SCHEDULE 2-Forms Form 1-Application for a Building Permit Form 2-Building Permit Form 3-Protection Work Notice Form 4-Protection Work Response Notice Form 5-Application for Occupancy Permit Form 6-Occupancy Permit Form 7-Certificate of Final Inspection Form 7A-Notice of suspension of registration under section 178(6) Form 8-Notice of suspension or cancellation of registration under section 182(4) SCHEDULE 3-Time Limits for Building Permit Applications SCHEDULE 4-Prescribed Matters Reported on by Prescribed Reporting Authorities PART 1-PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER PART 1A-PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER PART 2-PRESCRIBED MATTERS REPORTED ON BY COUNCIL PART 3-PRESCRIBED MATTER REPORTED ON BY ELECTRICITY SUPPLY AUTHORITY SCHEDULE 5-Planning Schemes SCHEDULE 6-Time Limits for Occupancy Permit Applications SCHEDULE 7-Categories/Classes of Building Practitioners and Qualifications SCHEDULE 8-Exemptions for Buildings and Building Work --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Building Regulations 2006 - PART 1 PART 1 PRELIMINARY Division 1-Introduction Building Regulations 2006 - SECT 101 Objectives 101. Objectives The objectives of these Regulations are- (a) to remake with amendments the regulations which control the design, construction and use of buildings and places of public entertainment; and (b) to prescribe standards for the construction and demolition of buildings; and (c) to prescribe standards of safety for places of public entertainment; and (d) to regulate matters relating to the use and maintenance of buildings and places of public entertainment; and (e) to prescribe requirements for the design and siting of single dwellings and associated buildings; and (f) to prescribe standards and matters relating to the maintenance of fire safety and safety measures; and (g) to prescribe requirements for swimming pool and spa safety; and (h) to prescribe matters in relation to the registration of cooling tower systems; and (i) to provide for matters relating to the accreditation of building products, construction methods, designs, components and systems connected with building work; and (j) to prescribe qualifications and provide for other matters relating to registration of building practitioners; and (k) to prescribe fees in respect of matters before the Building Appeals Board, the Building Practitioners Board and the Building Regulations Advisory Committee; and (l) to provide for other matters for the purposes of the Building Act 1993. Building Regulations 2006 - SECT 102 Authorising provisions 102. Authorising provisions These Regulations are made under sections 7, 9, 15A, 75H, 261 and 262 of, and Schedule 1 to, the Building Act 1993. Building Regulations 2006 - SECT 103 Commencement 103. Commencement These Regulations come into operation on 13 June 2006. Building Regulations 2006 - SECT 104 Revocation 104. Revocation The Regulations listed in Schedule 1 are revoked. Building Regulations 2006 - SECT 105 Definitions 105. Definitions In these Regulations- allotment means land that can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided; alteration means construction in relation to an existing building; approved means approved by the relevant building surveyor; AS 2118.1-1999 means AS 2118.1-1999 Automatic fire sprinkler systems-Part 1: General requirements, published 5 December 1999, as published from time to time; AS 2118.4-1995 means AS 2118.4-1995 Automatic fire sprinkler systems-Part 4: Residential, published 5 April 1995, as published from time to time; * * * * * BCA means the Building Code of Australia; clear to the sky means an unroofed area or an area roofed with a material that transmits at least 90% of light; declared road means a freeway or an arterial road within the meaning of the Road Management Act 2004; drainage authority means- (a) in relation to any area to which Part X of the Melbourne and Metropolitan Board of Works Act 1958 applies, the Melbourne Water Corporation; and (b) in relation to any other area, the Authority to which Division 3 of Part 10 of the Water Act 1989 applies for that area; electricity supply authority has the same meaning as electricity corporation has in section 85 of the Electricity Industry Act 2000; farm land means farm land as defined in section 2 of the Valuation of Land Act 1960; fire performance requirement means- (a) performance requirement BP1.1, DP2, DP3, DP4 or DP6 of Volume One of the BCA (to the extent that it relates to fire safety); or (b) performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 of Volume One of the BCA; or (c) performance requirement P2.1, P2.3.1 or P2.3.2 of Volume Two of the BCA (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building); fire safety engineer means a registered building practitioner in the category of engineer, class of fire safety engineer; floodplain management authority means an Authority or Minister to which Division 4 of Part 10 of the Water Act 1989 applies; Form means a form in Schedule 2; gas supply authority means- (a) in relation to an area served by a reticulated gas supply, a gas company within the meaning of the Gas Safety Act 1997; and (b) in relation to pipelines for the conveyance of hydrocarbons, the Minister responsible for the Pipelines Act 1967; height in relation to- (a) a building (other than a wall or fence) at any point, means the vertical distance between natural ground level and the top of the roof covering; and (b) a wall at any point, means the vertical distance between the natural ground level at the base of the wall and the point at which the outer wall intersects the plane of the top of the roof covering or the top of the parapet, whichever is higher; and (c) a fence at any point, means the vertical distance between natural ground level at the base of the fence and the top of the fence; pergola means an open structure that is unroofed but may have a covering of open weave permeable material; private open space means- (a) an unroofed area of land; or (b) a deck, terrace, patio, balcony, pergola, verandah, gazebo or swimming pool; septic tank system has the same meaning as it has in Part IXB of the Environment Protection Act 1970; setback from a boundary or building, means a horizontal distance from that boundary or building; sewerage authority means- (a) in relation to the metropolis under the Melbourne and Metropolitan Board of Works Act 1958, the Melbourne Water Corporation; and (b) in relation to a sewerage district under the Water Act 1989, the Authority for that district under that Act; site coverage means that part of an allotment, which is covered by buildings, expressed as a percentage of the area of the allotment; Standards New Zealand is the trading arm of the Standards Council of New Zealand; street includes road, highway, carriageway, lane, footway, square, court, alley and right of way; street alignment means the line between a street and an allotment; the Act means the Building Act 1993; water supply authority means, in relation to a water district under the Water Act 1989, the Authority for that district under that Act. Building Regulations 2006 - SECT 106 Use of BCA terms 106. Use of BCA terms Subject to the Act and to regulation 105, words and expressions used in these Regulations have the same meanings as they have in the BCA. Building Regulations 2006 - SECT 107 Numerical values 107. Numerical values The numerical values prescribed in these Regulations must be applied subject to tolerances according to any appropriate code, standard, rule, specification or provision adopted by reference in these Regulations, or normal trade practice, or good practice, as the case requires. Building Regulations 2006 - SECT 108 Use of buildings 108. Use of buildings In these Regulations any reference to the purpose for which a building is used includes the purpose for which it is intended to be used. Division 2-Building Code of Australia Building Regulations 2006 - SECT 109 Building Code of Australia 109. Building Code of Australia The BCA is adopted by and forms part of these Regulations as modified by this Part. Building Regulations 2006 - SECT 110 Accreditation authority 110. Accreditation authority In the definition of Certificate of Accreditation in the BCA, a State or Territory accreditation authority means the Building Regulations Advisory Committee. Building Regulations 2006 - SECT 111 Certificates under the BCA 111. Certificates under the BCA (1) Clause A2.2 of Volume One of the BCA applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building practitioner under section 238 of the Act complying with regulation 1505 or 1506 (as the case requires). (2) Clause 1.2.2 of Volume Two of the BCA applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building practitioner under section 238 of the Act complying with regulation 1505 or 1506 (as the case requires). Building Regulations 2006 - SECT 112 Classification of buildings 112. Classification of buildings (1) For the purposes of these Regulations, buildings must be classified as set out in the BCA. (2) If there is any doubt as to the classification of a building under the BCA, the relevant building surveyor must classify the building as belonging to the class it most closely resembles. Building Regulations 2006 - SECT 113 Fire performance requirements-alternative solutions 113. Fire performance requirements-alternative solutions Despite anything to the contrary in the BCA, a relevant building surveyor must not determine that an alternative solution complies with a fire performance requirement of the BCA unless the relevant building surveyor- (a) either- (i) holds the Graduate Certificate in Performance Based Building and Fire Codes from Victoria University of Technology; or (ii) holds a qualification that the Building Practitioners Board considers is equivalent to that Certificate; or (b) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or (c) relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, which states that the alternative solution complies with that performance requirement; or (d) relies on a determination of the Building Appeals Board under section 160A of the Act that the alternative solution complies with that performance requirement; or (e) relies on a Certificate of Accreditation issued by the Building Regulations Advisory Committee which states that the alternative solution complies with that performance requirement; or (f) relies on a Certificate of Conformity issued by the Australian Building Codes Board which states that the alternative solution complies with that performance requirement; or (g) relies on a report of the chief officer under regulation 309, which states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that alternative solution. Building Regulations 2006 - SECT 114 Bushfire construction requirements 114. Bushfire construction requirements (1) Volume One of the BCA applies as if- (a) a reference to AS 3959 in Table 1 in Specification A1.3 were a reference to AS 3959-2009; and (b) for Part G5 there were substituted the provisions set out in Schedule 1A. (2) Volume Two of the BCA applies as if- (a) a reference to AS 3959 in Table 1.4.1 were a reference to AS 3959-2009; and (b) for clause F2.3.4 there were substituted- "F2.3.4. Bushfire areas A Class 1 building and any associated Class 10a buildings are to provide resistance to bushfires in order to reduce the danger to life and reduce the risk of the loss of the building."; and (c) for clause P2.3.4 there were substituted- "P2.3.4. Bushfire areas A Class 1 building and any associated Class 10a buildings must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes."; and (d) for clause 3.7.4.0 there were substituted- "3.7.4.0. Performance Requirement P2.3.4 is satisfied for a Class 1 building and any associated Class 10a buildings if it is constructed in accordance with AS 3959-2009 and for that purpose that Standard applies as if- (a) that Standard required the use of Tables 2.4.2 and 2.4.4 when using the simplified procedure set out in clause 2.2 of that Standard; and (b) a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria."; and (e) clauses 3.7.4.1, 3.7.4.2 and 3.7.4.3 were omitted. __________________ Building Regulations 2006 - PART 2 PART 2 OWNER BUILDERS Building Regulations 2006 - SECT 201 Information to be contained in application for certificate of consent 201. Information to be contained in application for certificate of consent For the purposes of section 25C(2)(a) of the Act, an application for a certificate of consent must contain the following information- (a) the address of the land on which the domestic building work is to be carried out; (b) the name, address and telephone number of the owners of the land; (c) a description of the proposed domestic building work; (d) if the applicant is not the owner of the land, or if there is more than one owner of the land, a statement by the applicant to the effect that all owners are aware of the application and have authorised the applicant to make the application; (e) details of whether or not any building permit of the type described in section 25E(1)(e), 25E(1)(f) or 25E(1)(g) has been issued in the previous 3 years; (f) details, if applicable, of any ground upon which the applicant believes that special circumstances exist for the purposes of section 25E(4) of the Act. Building Regulations 2006 - SECT 202 Application fee for certificate of consent 202. Application fee for certificate of consent For the purposes of section 25C(2)(c)(iii) of the Act, the application fee for the issue of a certificate of consent is $81.50. Building Regulations 2006 - SECT 203 Information to be contained in certificate of consent 203. Information to be contained in certificate of consent For the purposes of section 25G of the Act, a certificate of consent must contain the following informationž (a) the date of issue of the certificate; (b) a description of the proposed domestic building work that the certificate relates to; (c) the address of the land on which the domestic building work is to be carried out; (d) the names of all owners of the land. Building Regulations 2006 - SECT 204 Register of certificates of consent 204. Register of certificates of consent For the purposes of section 25H(2) of the Act, the register of certificates of consent kept by the Registrar of the Building Practitioners Board must contain the following informationž (a) the address of the land on which the domestic building work is to be carried out; (b) the name, address and telephone number of the owners of the land; (c) a description of the proposed domestic building work; (d) if the applicant is not the owner of the land, the name, address and telephone number of the applicant; (e) the date of issue of the certificate of consent. __________________ Building Regulations 2006 - PART 3 PART 3 BUILDING PERMITS Division 1-Applications Building Regulations 2006 - SECT 301 Applications for building permits 301. Applications for building permits (1) An application for a building permit may be in accordance with Form 1. (2) The prescribed information to be contained in the application is the information set out in Form 1 (other than the notes). (3) An application for a building permit must contain sufficient information to show that the building work will comply with the Act and these Regulations and the relevant provisions of this Part. Building Regulations 2006 - SECT 302 Application for permit to construct building 302. Application for permit to construct building (1) An application for a building permit to construct a building must be accompanied by- (a) 3 copies of drawings showing the plan at each floor level, elevations, sections, dimensions, the sizes and locations of structural members to a scale of not less than 1:100, together with any details that are necessary to show compliance to a scale of not less than 1:20, or other approved scales; and (b) 3 copies of specifications describing materials and methods to be used in the construction; and (c) 3 copies of allotment plans to a scale of not less than 1:500 or other approved scale showing the matters set out in subregulation (2); and (d) a statement of the use or intended use of all buildings shown on allotment plans; and (e) a copy of any computations or reports necessary to demonstrate that the building will, if constructed in accordance with the computations and reports, comply with the Act and these Regulations. (2) The matters to be shown on an allotment plan are- (a) the boundaries and dimensions of the allotment and any relevant easements; and (b) the distance to the nearest intersecting street; and (c) the position and dimensions of the proposed building and its relationship to- (i) the boundaries of the allotment; and (ii) any existing building on the allotment; and (iii) any part of a building or land on an adjoining allotment where necessary to show compliance with the Act and these Regulations; and (d) the levels of the allotment, the floors of the building, street drainage channel and stormwater drain; and (e) the layout of drains to the point of discharge on the allotment together with details necessary to show compliance with the Act and these Regulations; and (f) the location, dimensions and area of impermeable surfaces covering the allotment if necessary for the purposes of regulation 412; and (g) the location and dimensions of car parking spaces for the purposes of regulation 413; and (h) the location, dimensions and area of private open space for the purposes of regulation 421. (3) An application for a building permit to construct a building must also be accompanied by any additional copies of the documents set out in subregulation (1) that the building surveyor reasonably requires. Building Regulations 2006 - SECT 303 Application for permit to alter an existing building 303. Application for permit to alter an existing building An application for a building permit to alter an existing building must include copies of drawings and allotment plans that clearly differentiate between the existing building and the proposed building work for which a building permit is sought. Building Regulations 2006 - SECT 304 Application for permit to demolish or remove building 304. Application for permit to demolish or remove building (1) An application for a building permit to demolish or remove a building must be accompanied by 3 copies of- (a) an outline and a description of the building or part of the building to be demolished or removed; and (b) an allotment plan showing the location of- (i) the building in relation to the boundaries of the allotment and adjoining buildings; and (ii) other buildings on the allotment; and (iii) streets, footpaths or crossings adjoining the allotment; and (c) if a part only of the building is to be demolished or removed, computations or other information to show that the remainder of the building will comply with the Act and these Regulations either as it remains after the proposed demolition or removal takes place or after other works are undertaken; and (d) information showing the position and description of hoardings, allotment boundaries, barricades, temporary crossings, protective awnings and outriggers; and (e) a written description of the demolition or removal procedure; and (f) evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the demolition operations. (2) An application for a building permit to demolish or remove a building must also be accompanied by any additional copies of the documents set out in subregulation (1) that the relevant building surveyor reasonably requires. Building Regulations 2006 - SECT 305 Additional information to accompany application for permit to construct or alter 305. Additional information to accompany application for permit to construct or alter Without limiting any of his or her powers under the Act, the relevant building surveyor may also require the following additional information to be submitted in relation to an application for a building permit to construct a building- (a) details of measures for the protection of the public under regulation 604; and (b) documentary evidence to support the use of a material, form of construction or design in a form referred to in clause A2.2 of Volume One of the BCA or clause 1.2.2 of Volume Two of the BCA; and (c) a survey plan of existing site conditions prepared by a licensed surveyor; and (d) if the allotment is under the Transfer of Land Act 1958, a copy of the certificate of title to the allotment; and (e) evidence of ownership of the allotment or evidence that a contract has been entered into pursuant to section 9AA of the Sale of Land Act 1962 in respect of the allotment; and (f) evidence that each building practitioner to be engaged in, or to carry out, the building work holds a building practitioner's certificate issued by the Building Practitioners Board under the Act or is an architect registered under the Architects Act 1991 or is an insured architect (as the case requires); and (g) details as to whether the allotment is in an area- (i) that is liable to flooding within the meaning of regulation 802; or (ii) that is designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or * * * * * (iv) that is an area determined under regulation 805 to be likely to be subject to significant snowfalls; or (v) that is designated land or works within the meaning of regulation 806; and (h) details as to whether an approved building envelope within the meaning of Part 4 applies to the allotment or to an adjoining allotment. Building Regulations 2006 - SECT 306 Exemption for stage of building work 306. Exemption for stage of building work The relevant building surveyor may exempt an application for a building permit in respect of a stage of building work from any requirement of regulations 302 to 305 which the relevant building surveyor considers is not necessary or not appropriate to that stage. Building Regulations 2006 - SECT 307 Time limits-applications for building permits 307. Time limits-applications for building permits The time limits set out in Schedule 3 apply in relation to applications for building permits. Division 2-Reporting authorities Building Regulations 2006 - SECT 308 Prescribed reporting authorities and prescribed matters 308. Prescribed reporting authorities and prescribed matters (1) For the purposes of an application for a building permit the following are prescribed reporting authorities- (a) the chief officer; (b) a council; (c) an electricity supply authority. (2) For the purposes of an application for a building permit- (a) a matter set out in column 2 of Part 1 or Part 1A of Schedule 4 is a prescribed matter in relation to the chief officer; (b) a matter set out in column 2 of Part 2 of Schedule 4 is a prescribed matter in relation to a council; (c) a matter set out in column 2 of Part 3 of Schedule 4 is a prescribed matter in relation to an electricity supply authority. Building Regulations 2006 - SECT 309 Requirements for permits involving fire safety matters 309. Requirements for permits involving fire safety matters (1) The report and consent of the chief officer must be obtained to an application for a building permit which involves any of the following fire safety matters if those matters do not meet the deemed-to-satisfy provisions of the BCA- (a) fire hydrants; (b) fire hose reels; (c) fire control centres or fire control rooms; (d) fire precautions during construction; (e) fire mains; (f) control valves; (g) booster assemblies; (h) emergency vehicle access; (i) fire indicator panels; (j) proscenium curtain drencher systems; (k) fire services controls in passenger lift cars. (2) In a report under subregulation (1), the chief officer may consent to a variation of the requirements of the BCA if the chief officer is satisfied that a satisfactory degree of fire safety is achieved. (3) When a building permit is issued which involves the installation of fire sprinklers and the installation does not meet the deemed-to-satisfy provisions of the BCA the relevant building surveyor must forward details of the installation to the chief officer. Building Regulations 2006 - SECT 309A Requirements for permits involving bushfire safety matters 309A. Requirements for permits involving bushfire safety matters (1) The report and consent of the chief officer must be obtained to an application for a building permit- (a) if the permit involves the provision of a static water supply or access to emergency vehicles for a Class 1a building destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive); and (b) if the allotment on which the building is located is in a Wildfire Management Overlay under the relevant planning scheme approved under the Planning and Environment Act 1987- if those matters do not comply with the requirements of regulation 808 or 809 (as the case requires). (2) In a report under subregulation (1), the chief officer may consent to a variation of the requirements of regulation 808 or 809 if the chief officer is satisfied that a satisfactory degree of bushfire safety is achieved. Building Regulations 2006 - SECT 310 Report and consent for building over easements $$NSECT 310. Report and consent for building over easements (1) The report and consent of a service authority must be obtained to an application for a building permit to construct a building over an easement vested in that service authority. (2) This regulation does not apply to implied easements under the Subdivision Act 1988. (3) In this regulation service authority means- (a) a council; (b) a drainage authority; (c) the relevant electricity supply authority; (d) the relevant gas supply authority; (e) a sewerage authority; (f) a water supply authority. Note Section 148 of the Water Act 1989 prohibits a person from building a structure or placing any filling within 1 metre laterally of any works of an Authority without a consent of that Authority. Building Regulations 2006 - SECT 311 Report concerning need for electricity sub-stations 311. Report concerning need for electricity sub-stations (1) If an application is made for a building permit for the construction of a building, the relevant building surveyor may require a report from the relevant electricity supply authority as to whether an electricity sub-station is necessary on the allotment and, if so, the size and location of the sub-station. (2) This regulation does not apply to the construction of a Class 1 or 10 building. Building Regulations 2006 - SECT 312 Maximum fees for report and consent 312. Maximum fees for report and consent (1) The maximum fee payable for the consideration by a reporting authority of an application for a building permit referred to it under section 29A of the Act for report and consent is $54.35. (2) The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under Part 4, 5 or 8 of these Regulations or under regulation 604(4) for report and consent is $217.50. (3) The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under regulation 610(2) for report and consent is $54.35. Division 3-Building permits Building Regulations 2006 - SECT 313 Issue of building permit 313. Issue of building permit (1) A building permit must be in the form of Form 2. (2) A building permit must be signed by the relevant building surveyor. (3) The relevant building surveyor must include on the building permit- (a) the time limits for commencement and completion of the building work in accordance with regulation 315; and (b) the mandatory notification stages for that building work in accordance with regulation 901. Building Regulations 2006 - SECT 314 Building surveyor to provide copy of permit 314. Building surveyor to provide copy of permit (1) When a building permit is issued, the relevant building surveyor must within 7 days forward to the applicant with the building permit- (a) a copy of the permit; and (b) 2 copies of the plans, specifications and other documents (except for computations or reports) lodged with the application (whether or not with amendments) with evidence of approval stamped and endorsed on them. (2) When a building permit is issued to a person other than the owner of the allotment, the relevant building surveyor must within 7 days also forward a copy of the permit to the owner. Building Regulations 2006 - SECT 315 Commencement and completion of work 315. Commencement and completion of work (1) If a building permit is issued, the building work- (a) must commence- (i) in the case of the re-erection of a Class 1 or 10 building within 6 months of the date of issue of the building permit; and (ii) in any other case within 12 months of the date of issue of the building permit; and (b) must be completed- (i) within 6 months after the building work commences in the case of a swimming pool or spa, or any barrier or safety equipment associated with a swimming pool or spa; or (ii) within 24 months of the date of issue of the building permit in the case of any other Class 1 or 10 building; or (iii) within 12 months of the date of issue of the building permit in the case of a permit to re-erect a building; or (iv) within 36 months of the date of issue of the building permit in any other case. (2) If a building permit is issued for a stage of building work a reference in subregulation (1)(b) to the issue of a permit is deemed to be a reference to the issue of the building permit for the first stage of the building work. (3) A building permit lapses if the building work authorised by that permit has not commenced or is not completed within the periods specified in subregulation (1). (4) The relevant building surveyor may extend the period within which any building work is required to be commenced or completed under subregulation (1) prior to the lapse of the permit if the relevant building surveyor considers that the extent of the building work warrants an extension. Building Regulations 2006 - SECT 316 Applicant to make documents, permit available 316. Applicant to make documents, permit available An applicant for a building permit must provide a copy of the permit and one set of any approved plans, specifications and documents relating to that permit to the person who is in charge, or is to be in charge, of carrying out the building work, unless that person is the applicant. Building Regulations 2006 - SECT 317 Provision and display of permit information 317. Provision and display of permit information (1) A person who is in charge of the carrying out of building work on an allotment must take all reasonable steps to ensure that a copy of the building permit and one set of any approved plans, specifications and documents relating to that permit are available for inspection at the allotment concerned while the building work for which the building permit was issued is in progress. Penalty: 10 penalty units. (2) A person who is in charge of the carrying out of building work on an allotment must- (a) take all reasonable steps to ensure that- (i) the registration numbers and contact details of the builder and building surveyor; and (ii) the number of the relevant building permit and the date of issue of the permit- are displayed on the allotment in a conspicuous position accessible to the public prior to the commencement of building work (including demolition or removal of a building on the allotment); and (b) take all reasonable steps to ensure that a copy of that information continues to be so displayed and remains visible and legible for the duration of the building work to which the permit applies. Penalty: 10 penalty units. Building Regulations 2006 - SECT 318 Owner to notify change of owner or builder 318. Owner to notify change of owner or builder An owner of a building or land for which a building permit has been issued must notify the relevant building surveyor within 14 days after any change in the name or address of the owner or of the builder carrying out the building work. Penalty: 10 penalty units. Division 4-Duties of building surveyor Building Regulations 2006 - SECT 319 Documents to be given to council 319. Documents to be given to council (1) The following documents are prescribed for the purposes of section 30(1A) of the Act- (a) a notice given to the relevant building surveyor under section 25A(1) of the Act; (b) a notice given to the relevant building surveyor under section 25A(2) of the Act; (c) a notice given to the relevant building surveyor under section 25A(3) of the Act; (d) a notice served on the relevant building surveyor under section 84 of the Act; (e) a notice given to the relevant building surveyor under section 85 of the Act; (f) a determination of the relevant building surveyor under section 87 of the Act; (g) a determination of the Building Appeals Board; (h) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA together with any computations or reports relied upon by the relevant building surveyor in making the determination; (i) a report and consent of a reporting authority referred to in regulation 308; (j) a determination of the municipal building surveyor or a private building surveyor under regulation 502; (k) an exemption given by the municipal building surveyor or a private building surveyor under regulation 503; (l) a document setting out any requirement of the relevant building surveyor under regulation 604 to take precautions to protect the safety of the public; (m) a consent of the relevant building surveyor under regulation 608; (n) a consent of the relevant building surveyor under regulation 609; (o) an exemption given by the municipal building surveyor or a private building surveyor under regulation 1011; (p) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 305. Note The documents required to be given to the relevant council by the relevant building surveyor under regulation 319(1) are in addition to the documents that he or she must give to the council under section 30(1) of the Act. (2) The prescribed time for the purposes of section 30(1A) of the Act is 7 days after the issue of the building permit. Building Regulations 2006 - SECT 320 Lodgement fees 320. Lodgement fees For the purposes of section 30(2) of the Act and clause 1(d) of Schedule 2 to the Act, the prescribed lodgement fee for building work with a cost of $5000 or more is $32.60. Building Regulations 2006 - SECT 321 Building permit levies 321. Building permit levies (1) If the relevant building surveyor receives an amount of levy under section 201 of the Act in respect of an application for a building permit the relevant building surveyor must- (a) record the date and amount of levy received; and (b) within 7 days after the end of each month pay into the Building Administration Fund all amounts of levy received for building permits issued during that month; and (c) within 7 days after the end of each month forward to the Commission, in a form approved by the Commission, the information set out in subregulation (2). (2) For the purposes of section 201(7) of the Act, in addition to the information set out in sections 201(7)(d)(i) and 201(7)(d)(ii) of the Act, the following information is required to be given to the Commission in respect of each building permit issued during the month- (a) details of the permit; (b) details of the property in respect of which the permit is issued; (c) details of the ownership of that property; (d) details of the building work for which the permit is issued; (e) details of any builder engaged in the building work; (f) details of any draftsperson or architect engaged to prepare documents for the building work; (g) details of any relevant planning permit; (h) details of the cost of the building work. Building Regulations 2006 - SECT 322 Permit details 322. Permit details A relevant building surveyor must within 7 days after the end of each month forward to the Commission in a form approved by the Commission- (a) details of permits and certificates of final inspection issued by that relevant building surveyor during that month; and (b) details to the knowledge of the relevant building surveyor of- (i) any building work that is commenced, completed or abandoned during that month; or (ii) any building permit that lapses during that month. Building Regulations 2006 - SECT 323 Guarantees and bonds 323. Guarantees and bonds (1) The prescribed circumstances for the purposes of section 22 of the Act are the demolition, removal or re-erection of a building. (2) The amount of the bond or guarantee referred to in section 22 of the Act- (a) in the case of the demolition or removal of a building, must not exceed the lesser of- (i) the estimated cost of carrying out the work authorised by the building permit; or (ii) $100 for every 1m2 of floor area of the building; and (b) in the case of the re-erection of a building, must not exceed the lesser of- (i) the estimated cost of carrying out the work authorised by the building permit; or (ii) $5000. Division 5-Duties of council Building Regulations 2006 - SECT 324 Period that documents must be kept 324. Period that documents must be kept (1) If a council is required to keep documents under the Act or these Regulations or any corresponding previous regulations in relation to building permits and applications for building permits, the documents must be kept as follows- (a) in their original form for not less than 10 years from the date of issue of the occupancy permit or certificate of final inspection; and (b) after that period in their original form or in any other manner specified by the Keeper of Public Records (within the meaning of the Public Records Act 1973) until the building is demolished or removed from the allotment. (2) If an occupancy permit or certificate of final inspection has not been issued in respect of a building or building work, a period referred to in subregulation (1) begins on the date of issue of the building permit for the building or work. (3) Subregulation (1)(b) does not apply in respect of a Class 1a or 10 building if the occupancy permit or certificate of final inspection was issued before 14 June 2005. Note The Public Records Act 1973 also imposes requirements on the keeping of public records. Building Regulations 2006 - SECT 325 Council to make documents available 325. Council to make documents available On the request of an owner or mortgagee of the building or land, or a person authorised in writing by an owner or mortgagee of a building or land, the relevant council must provide the person making the request with a copy of any documents submitted with an application for a building permit in respect of the building or land. Building Regulations 2006 - SECT 326 Requests for information 326. Requests for information (1) Any person may request the relevant council to provide in respect of any building or land- (a) details of any permit or certificate of final inspection issued in the preceding 10 years; and (b) details of any current statement issued under regulation 502 or 503 of these Regulations; and (c) details of any current notice or order issued by the relevant building surveyor under the Act. (2) Any person may request the relevant council to provide in respect of any building or land details as to whether the building or land is in an area- (a) that is liable to flooding within the meaning of regulation 802; or (b) that is designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or * * * * * (d) that is an area determined under regulation 805 to be likely to be subject to significant snowfalls; or (e) of designated land or works within the meaning of regulation 806. (3) An owner or mortgagee of a building or land, or a prescribed building practitioner under section 137B of the Act, may request the relevant council to provide inspection approval dates of the mandatory notification stages for building work carried out on that building or land. Building Regulations 2006 - SECT 327 Fees for requests for information 327. Fees for requests for information The fee for the provision of information under regulation 326(1), 326(2) or 326(3) is $43.45. __________________ Building Regulations 2006 - PART 4 PART 4 SITING Division 1-Introduction Building Regulations 2006 - SECT 401 Application 401. Application (1) This Part is subject to section 11 of the Act. (2) A regulation in this Part does not apply to the construction of a building if- (a) a planning permit is required for the construction of that building; and (b) the relevant planning scheme regulates the same matter as that regulation in relation to the siting of that building. (3) Section 188A of the Act applies to applications for building permits to which this Part applies. Building Regulations 2006 - SECT 402 Definitions 402. Definitions In this Part- approved building envelope means documented design parameters that deal with a siting matter regulated under this Part that- (a) are in a planning permit for the subdivision of land issued under the Planning and Environment Act 1987 on or after 1 July 1994; and (b) are- (i) in an agreement made under section 173 of the Planning and Environment Act 1987 that is recorded on the register under the Transfer of Land Act 1958 in relation to the relevant allotment; or (ii) shown as a restriction (on a plan of subdivision certified under the Subdivision Act 1988) that is recorded on the register under the Transfer of Land Act 1958 in relation to the relevant allotment; fence includes- (a) a screen; or (b) a structure similar to a fence. Building Regulations 2006 - SECT 403 References to planning schemes 403. References to planning schemes A reference in this Part or Schedule 5 to a planning scheme is a reference to a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is in force from time to time. Building Regulations 2006 - SECT 404 What is an existing building? 404. What is an existing building? In this Part, a reference to an existing building (including an existing dwelling) in relation to an adjoining allotment, is a reference to any part of a building on the adjoining allotment- (a) that was in existence in its current form before 1 July 1994 (unless it had not been completed before that date); or (b) for which there is an occupancy permit that has been given to the relevant council; or (c) for which there is a certificate of final inspection that has been given to the relevant council (but only if that part of the building can be occupied without the need for any further certificate of final inspection); or (d) that has been completed (but only if that part of the building can be occupied without the need for an occupancy permit or a certificate of final inspection). Building Regulations 2006 - SECT 405 What is a single dwelling? 405. What is a single dwelling? For the purposes of the definition of single dwelling in section 188A of the Act, a Class 1 building and a Class 10 building associated with a Class 1 building are specified classes of building. Building Regulations 2006 - SECT 406 Exception concerning approved building envelopes 406. Exception concerning approved building envelopes (1) The report and consent of the relevant council is not required in relation to a design in respect of an allotment where the design does not comply with a regulation in this Part if- (a) an approved building envelope applies to the allotment and deals with a siting matter that is regulated by that regulation; and (b) the design of the building is consistent with all the siting matters dealt with by the approved building envelope that are regulated by this Part. (2) If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, subregulation (1) does not apply to regulations 414, 415, 416, 417, 418, 419, 425, 426, 428, 429 and 430 to the extent that they relate to that adjoining allotment. Division 2-Single Class 1 buildings and associated Class 10 buildings Building Regulations 2006 - SECT 407 Application of Division 407. Application of Division This Division applies to the construction of a single Class 1 building and associated Class 10a buildings on an allotment. Building Regulations 2006 - SECT 408 Maximum street setback 408. Maximum street setback (1) A new Class 1 building, other than an alteration, must not be set back from the front street alignment more than one-third of the depth of the allotment. (2) This regulation does not apply to an allotment equal to or greater than 0×40469ha. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 409 Minimum street setbacks 409. Minimum street setbacks (1) If- (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a setback from a street alignment- a building on that allotment must be set back from a street alignment not less than the relevant setback specified in respect of that street alignment in the Schedule to that zone in the planning scheme. (2) If subregulation (1) does not apply, a building must be set back from a street alignment not less than the distance specified in respect of that alignment in Table 409. TABLE 409-STREET SETBACKS r. 409 Adjoining development context Minimum setback from front street alignment Minimum setback from a side street alignment Existing dwellings on adjoining allotments facing the same street The average distance of the setbacks of the front walls of the existing buildings on the adjoining allotments facing the front street, or 9m, whichever is the lesser Not applicable Existing dwelling on one adjoining allotment facing the same street and no building on the other adjoining allotment facing the same street The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the same street, or 9m, whichever is the lesser Not applicable No existing dwellings on adjoining allotments facing the same street 6m for a building facing a declared road 4m for a building facing any other street Not applicable Corner allotment If there is a building on the adjoining allotment facing the same street The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the front street, or 9m, whichever is the lesser The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2m, whichever is the lesser Adjoining development context Minimum setback from front street alignment Minimum setback from a side street alignment Corner allotment If there is no building on the adjoining allotment facing the same street 6m for a building facing a declared road 4m for a building facing any other street 2m (3) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 2ˇ5m- (a) porches, verandahs and pergolas that have a maximum height of less than 3ˇ6m above natural ground level; (b) eaves, fascia and gutters; (c) sunblinds and shade sails; (d) screens referred to in regulation 419(5)(d) or 419(6); and (e) decks, steps or landings less than 800mm in height. (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design, which does not comply with this regulation. (5) In this regulation street does not include lane, footway, alley or right of way. (6) For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner). Building Regulations 2006 - SECT 410 Building height 410. Building height (1) If- (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a maximum height for buildings- the height of a building on that allotment must not exceed the relevant height specified in the Schedule to that zone in the planning scheme. (2) If subregulation (1) does not apply, the height of a building must not exceed- (a) 10m if the slope of the natural ground level at any cross section of the site of the building that is wider than 8m is 2ˇ5° or more; and (b) 9m in any other case. (3) If a wall is constructed in accordance with regulation 415, and despite regulation 414, any part of the building on the allotment that is within 1m of a side or rear boundary and that is adjacent to the wall must be constructed so as not to exceed the height formed by a line that connects- (a) any point at the top of the wall; and (b) any point at a height of 3ˇ6m at a setback of 1m from the boundary. (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 411 Site coverage 411. Site coverage (1) If- (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a maximum site coverage for buildings- buildings must not occupy more of the allotment than the site coverage specified in the Schedule to that zone in the planning scheme. (2) If subregulation (1) does not apply, buildings must not occupy more than 60% of an allotment. (3) When calculating site coverage under subregulation (1) or (2), eaves, fascia and gutters not exceeding 600mm in total width, unroofed swimming pools, unroofed terraces, unroofed patios, unroofed decks and pergolas may be disregarded. (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 412 Permeability 412. Permeability (1) If a building is to be constructed on an allotment, not more than 80% of the area of the allotment can be covered by impermeable surfaces. (2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 413 Car parking 413. Car parking (1) If a new Class 1 building is to be constructed on an allotment, provision must be made for 2 car parking spaces on the allotment that are accessible from the street. (2) Of the 2 car parking spaces- (a) one space must be at least 6m long and 3ˇ5m wide; and (b) the second space must be at least 4ˇ9m long and 2ˇ6m wide. (3) A building may project into a car parking space if it is at least 2ˇ1m above that space. (4) Despite subregulation (2), if the 2 required car parking spaces adjoin each other in a garage or carport or in a space constrained by walls, the double space may be 5ˇ5m in width. (5) An alteration to a building on an allotment must not reduce the number of car parking spaces on the allotment unless there are more than 2 in which case the number may be reduced to 2. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 414 Side and rear setbacks 414. Side and rear setbacks (1) If- (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies minimum setbacks from side and rear boundaries- a building on the allotment must be set back from a side or rear boundary not less than the relevant setback specified in the Schedule to that zone in the planning scheme. (2) If subregulation (1) does not apply, a building must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 414. TABLE 414-SIDE AND REAR SETBACKS r. 414 Building height at any point Minimum setback from side or rear boundary at that point 3×6m or less 1m More than 3ˇ6m but not more than 6ˇ9m 1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3ˇ6m More than 6ˇ9m 2m plus an additional distance calculated at the rate of 1m for every metre of height over 6ˇ9m (3) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 500mm- (a) porches and verandahs; (b) masonry chimneys; (c) sunblinds; (d) screens referred to in regulation 419(5)(d) or 419(6); (e) flues and pipes; (f) domestic fuel tanks and water tanks; (g) heating and cooling equipment and other services. (4) The following may encroach into the setback distance required by subregulation (1) or (2)- (a) landings with an area of not more than 2m2 and less than 1m high; (b) unroofed stairways and ramps; (c) pergolas; (d) shade sails; (e) eaves, fascia, gutters not more than 600mm in total width; (f) carports (subject to regulation 415). (5) This regulation does not apply to a wall that complies with regulation 415. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note The following diagram illustrates the operation of aspects of regulation 414. Regulation 414: Side and rear setbacks Building Regulations 2006 - SECT 415 Walls on boundaries 415. Walls on boundaries (1) This regulation applies to the construction of- (a) a wall on or within 150mm of a side or rear boundary of an allotment; or (b) a carport constructed on or within 1m of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries. (2) The length of the wall, or of the carport, or of the wall and carport or that length combined with the length of any existing wall or carport, must not exceed the greater of the following lengths- (a) 10m plus 25% of the remaining length of the boundary of an adjoining allotment; or (b) the length of any existing wall or carport constructed on an adjoining allotment which is within 150mm of the boundary of that allotment if the proposed construction abuts the existing wall or carport. (3) The wall or carport must not exceed- (a) an average height of 3m; and (b) a maximum height of 3ˇ6m. (4) Despite subregulation (3), if a wall or carport abuts an existing wall or carport it may be constructed to the same height as that wall or carport. (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 416 Daylight to existing habitable room windows 416. Daylight to existing habitable room windows (1) A building must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3m2 and a minimum dimension of 1m clear to the sky. (2) The area of the light court required under subregulation (1) may include land on the adjoining allotment. (3) A wall or carport with an average height of more than 3m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the wall or carport if the wall or carport is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window. (4) For the purposes of subregulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window. (5) If the window referred to in subregulation (3) is above ground floor level, then for the purposes of that subregulation, the wall or carport height is to be measured from the floor level of the room containing the window. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note The following diagram illustrates the operation of aspects of regulation 416(3). Regulation 416: Daylight to existing windows Building Regulations 2006 - SECT 417 Solar access to existing north-facing windows 417. Solar access to existing north-facing windows (1) This regulation applies if- (a) a building is to be constructed on an allotment; and (b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the building is to be constructed; and (c) the window is orientated towards the boundary. (2) The proposed building must be set back from the boundary not less than the distance specified in Table 417 for a distance of 3m from each side of the window or that part of the window that is within 3m of the boundary. TABLE 417-SETBACKS FROM NORTH-FACING WINDOWS r. 417 Building height at any point Minimum setback from side or rear boundary at that point 3×6m or less 1m More than 3ˇ6m but not more than 6ˇ9m 1m plus an additional distance calculated at the rate of 600mm for every metre of height over 3ˇ6m More than 6ˇ9m 3m plus an additional distance calculated at the rate of 1m for every metre of height over 6ˇ9m (3) For the purposes of subregulation (1), a north-facing window is a window with an axis perpendicular to its surface orientated north 20° west to north 30° east. (4) In this regulation north means true north. (5) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 500mm and to a height not exceeding 2ˇ5m- (a) flues and pipes; (b) domestic fuel tanks and water tanks; (c) heating and cooling equipment and other services. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note The following diagram illustrates the operation of aspects of regulation 417. Regulation 417: Solar access to existing north-facing habitable room windows Building Regulations 2006 - SECT 418 Overshadowing of recreational private open space 418. Overshadowing of recreational private open space (1) A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (4) In this regulation the required minimum area of a recreational private open space is the lesser of- (a) 75% of the recreational private open space; and (b) 40m2 with a minimum dimension of 3m. (5) In this regulation recreational private open space means any part of private open space on an allotment- (a) which is- (i) at the side or rear of an existing dwelling on the allotment; or (ii) within the front setback of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1ˇ5m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. Building Regulations 2006 - SECT 419 Overlooking 419. Overlooking (1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment. (2) In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1ˇ7m above the floor level of the habitable room and contained within the space enclosed by- (a) a vertical plane measured at an angle of 45° from each side of the window; and (b) a horizontal plane 1ˇ7m above the floor level of the habitable room; and (c) the ground level below; and (d) a horizontal distance of 9m from the window. (3) In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 1ˇ7m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building. (4) In the case of a secluded private open space, the horizontal distance of 9m referred to in subregulation (2)(d) or (3) is to be measured at ground level. (5) A habitable room window complies with this regulation if- (a) in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 1ˇ5m from the edge of one window to the edge of the other; or (b) it has a sill height at least 1ˇ7m above floor level; or (c) it has obscure glazing in any part of the window below 1ˇ7m above floor level; or (d) the direct line of sight is obscured by a permanent and fixed screen that has no more than 25% of its area open. (6) A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25% of its area open. (7) A window referred to in subregulation (5)(c) may be able to be opened provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in subregulation (1). (8) This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if- (a) there is a visual barrier at least 1ˇ8m high at the boundary; and (b) the floor level of the room or the raised open space is less than 800mm above ground level at the boundary. (9) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (10) In this regulation- raised open space means a landing with an area of more than 2m2, a balcony, a terrace, a deck or a patio; secluded private open space means any part of private open space on an allotment- (a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1ˇ5m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. Building Regulations 2006 - SECT 420 Daylight to habitable room windows 420. Daylight to habitable room windows (1) A habitable room window of a building on an allotment must face- (a) an outdoor space or light court with a minimum area of 3m2 and a minimum dimension of 1m clear to the sky, not including land on an adjoining allotment; or (b) a verandah on the allotment if it is open for at least one third of its perimeter; or (c) a carport on the allotment if- (i) it has 2 or more sides open; and (ii) it is open for at least one third of its perimeter. (2) For the purposes of subregulation (1), a side of a carport or verandah may be taken to be open if the roof covering of the carport or verandah adjacent to that side is not less than 500mm from another building on the allotment or the adjoining allotment boundary. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 421 Private open space 421. Private open space (1) If- (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space- a Class 1 building on that allotment must have private open space of at least the area and dimension specified in the Schedule to that zone in the planning scheme. (2) If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space of not less than 80m2 or 20% of the area of the allotment, whichever is the lesser. (3) For the purposes of this regulation, the private open space must include an area at the side or rear of the building- (a) that is at least 25m2 with a minimum dimension of 3m; and (b) that has convenient access from a habitable room (other than a bedroom). (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Division 3-Siting of Class 10a buildings Building Regulations 2006 - SECT 422 Siting of Class 10a buildings 422. Siting of Class 10a buildings (1) Unless otherwise approved under the Subdivision Act 1988 or any corresponding previous enactment, a Class 10a building must be on the same allotment as a building of another class to which it is appurtenant. (2) The report and consent of the relevant council must be obtained to an application for a building permit for the construction of a building that does not comply with subregulation (1). Division 4-Class 10b buildings Building Regulations 2006 - SECT 423 Application of Division 423. Application of Division This Division applies to the construction of Class 10b buildings on an allotment. Building Regulations 2006 - SECT 424 Front fence height 424. Front fence height (1) If- (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a maximum height for a fence, or part of a fence, that is within 3m of the street alignment at the front of an allotment- the height of a fence, or part of a fence, that is within 3m of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in the Schedule to that zone in the planning scheme. (2) If subregulation (1) does not apply, the height of a fence, or part of a fence, that is within 3m of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in Table 424. TABLE 424-FRONT FENCE HEIGHTS Street type Maximum fence height A declared road 2m Any other street 1×5m (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 425 Fence setbacks from side and rear boundaries 425. Fence setbacks from side and rear boundaries (1) A fence exceeding 2m in height must be set back from a side or rear boundary (including a boundary that is a side or rear street alignment) not less than the distance specified in respect of that boundary in Table 425. TABLE 425-SIDE AND REAR SETBACKS Fence height at any point Minimum setback from side or rear boundary at that point More than 2×0m but not more than 3×6m 1m More than 3ˇ6m but not more than 6ˇ9m 1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3ˇ6m More than 6ˇ9m 2m plus an additional distance calculated at the rate of 1m for every metre of height over 6ˇ9m (2) This regulation does not apply to a fence that complies with regulation 426. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 426 Fences on or within 150mm of side or rear boundaries 426. Fences on or within 150mm of side or rear boundaries (1) The total length of fences that are more than 2m in height and that are constructed on, or within 150mm of, a side or rear boundary of an allotment, or that total length combined with the length of any wall, or carport, or wall and carport constructed in accordance with regulation 415(2), must not exceed the greater of the following lengths- (a) 10m plus 25% of the remaining length of the boundary of an adjoining allotment; or (b) the length of any wall or carport constructed on an adjoining allotment that is on or within 150mm of the boundary of that allotment and that abuts those fences. (2) A fence constructed on or within 150mm of a side or rear boundary of an allotment in accordance with this regulation must not exceed- (a) an average height of 3m; and (b) a maximum height of 3ˇ6m along the boundary. (3) Despite subregulation (2), if a fence abuts an existing wall it may be constructed to the same height as that wall. (4) This regulation does not apply to a fence if it is- (a) constructed on or within 150mm of a boundary that is a side or rear street alignment; or (b) provided to comply with regulation 419 or with a planning scheme that regulates the same matter as regulation 419 and- (i) is not more than 2ˇ5m in height; and (ii) the part of the fence between 2ˇ0m and 2ˇ5m in height has between 20% and 25% of its area open. (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 427 Fences on street alignments 427. Fences on street alignments (1) Despite regulation 425(1), the report and consent of the relevant council must be obtained to an application for a building permit to construct a fence within 9m of a point of intersection of street alignments and exceeding a height of 1m above the footpath. (2) A fence adjacent to a street alignment or public open space must not contain barbed wire or other sharp protrusions unless- (a) despite regulation 425(1), the fence is set back at least 150mm from the street alignment or boundary of the public open space; or (b) the barbed wire or other sharp protrusion is at a height of at least 2m above the level of the street or public open space. Building Regulations 2006 - SECT 428 Fences and daylight to windows in existing dwelling 428. Fences and daylight to windows in existing dwelling (1) A fence more than 2m in height must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3m2 and a minimum dimension of 1m clear to the sky. (2) The area of the light court required under subregulation (1) may include land on the adjoining allotment. (3) A fence with an average height of more than 3m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window. (4) For the purposes of subregulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window. (5) If the window referred to in subregulation (3) is above ground floor level, then for the purposes of that subregulation, the fence height is to be measured from the floor level of the room containing the window. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 429 Fences and solar access to existing north-facing habitable room windows 429. Fences and solar access to existing north-facing habitable room windows (1) This regulation applies if- (a) a fence more than 2m in height is to be constructed on an allotment; and (b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the fence is to be constructed; and (c) the window is orientated towards the boundary. (2) The proposed fence must be set back from the boundary not less than the distance specified in Table 429 for a distance of 3m from the edge of each side of the window or that part of the window that is within 3m of the boundary. TABLE 429-SETBACKS FROM NORTH-FACING WINDOWS Fence height at any point Minimum setback from side or rear boundary at that point 3.6m or less 1m More than 3ˇ6m but not more than 6ˇ9m 1m plus an additional distance calculated at the rate of 600mm for every metre of height over 3ˇ6m More than 6ˇ9m 3m plus an additional distance calculated at the rate of 1m for every metre of height over 6ˇ9m (3) For the purposes of subregulation (1), a north-facing window is a window with an axis perpendicular to its surface orientated north 20° west to north 30° east. (4) In this regulation north means true north. (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Building Regulations 2006 - SECT 430 Fences and overshadowing of recreational private open space 430. Fences and overshadowing of recreational private open space (1) A fence more than 2m in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the fence. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (4) In this regulation the required minimum area of a recreational private open space is the lesser of- (a) 75% of the recreational private open space; and (b) 40m2 with a minimum dimension of 3m. (5) In this regulation recreational private open space means any part of private open space on an allotment- (a) which is- (i) at the side or rear of an existing dwelling on the allotment; or (ii) within the front setback of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1ˇ5m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. Building Regulations 2006 - SECT 431 Masts, poles etc. 431. Masts, poles etc. The report and consent of the relevant council must be obtained to an application for a building permit to construct a mast, pole, aerial, antenna, chimney, flue, pipe or other service pipe which- (a) when attached to a building, exceeds a height of 3m above the highest point of the roof of the building; or (b) when not attached to a building, exceeds 8m above ground level. __________________ Building Regulations 2006 - PART 5 PART 5 ALLOTMENTS AND PROJECTIONS Division 1-Allotments Building Regulations 2006 - SECT 501 Application 501. Application This Division applies to all buildings whenever constructed. Building Regulations 2006 - SECT 502 Combined allotments $$NSECT 502. Combined allotments (1) The municipal building surveyor may by statement in writing determine that two or more contiguous allotments or an allotment and adjoining land can be treated as one allotment for the purposes of these Regulations. (2) In deciding whether to issue a statement under subregulation (1) the municipal building surveyor must take into account- (a) the structural adequacy of any building to which the statement applies; and (b) the requirements necessary to make reasonable provision for- (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building. (3) Land to which a statement under subregulation (1) applies is deemed to be an allotment for the purposes of these Regulations. (4) The municipal building surveyor may revoke a statement under subregulation (1) if there is a change of circumstances that would significantly affect any of the matters referred to in subregulation (2). (5) A private building surveyor may exercise the powers of the municipal building surveyor under subregulations (1), (2) and (4) in the case of building work for which the private building surveyor has been appointed to issue a building permit. Building Regulations 2006 - SECT 503 Subdivision of existing buildings 503. Subdivision of existing buildings (1) Subject to regulation 608 if an existing building is subdivided, each building resulting from the subdivision must be brought into conformity with these Regulations. (2) The municipal building surveyor may by statement in writing exempt a building from all or any of the requirements of subregulation (1). (3) In deciding to issue a statement under subregulation (2) the municipal building surveyor must take into account- (a) the structural adequacy of any building to which the statement applies; and (b) the requirements necessary to make reasonable provision for- (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building. (4) A private building surveyor may exercise the powers of the municipal building surveyor under subregulations (2) and (3) in the case of building work for which the private building surveyor has been appointed to issue a building permit. Division 2-Projections Building Regulations 2006 - SECT 504 Projections beyond the street alignment 504. Projections beyond the street alignment Except where otherwise provided in this Division, a building must not project beyond the street alignment. Building Regulations 2006 - SECT 505 Architectural features 505. Architectural features (1) An architectural feature or similar part of a building must not project beyond the street alignment- (a) if the street is 6m or less in width; and (b) more than 600mm in any street more than 6m but not exceeding 10m in width; and (c) more than 1ˇ2m in any street more than 10m in width; and (d) at any height less than 2ˇ7m above the level of the footpath; and (e) unless it is constructed of non-combustible material. (2) Despite subregulation (1), if a street is 6m or less in width and is without a footpath, a kerb or buffer block not more than 240mm in height above the street level may project not more than 240mm beyond the street alignment. Building Regulations 2006 - SECT 506 Windows and balconies 506. Windows and balconies A window or balcony must not project beyond the street alignment- (a) more than 1m; and (b) in any street less than 10m in width; and (c) at a height less than 3m above the level of the footpath; and (d) within 1ˇ2m of the side boundary of an adjoining allotment. Building Regulations 2006 - SECT 507 Verandahs 507. Verandahs A verandah must not project beyond the street alignment- (a) unless it is set back not less than 750mm from the kerb; and (b) at a height less than 3m above the level of the footpath. Building Regulations 2006 - SECT 508 Sunblinds and awnings 508. Sunblinds and awnings A sunblind or awning must not project beyond the street alignment- (a) more than 2ˇ4m; and (b) at any height less than 2ˇ4m above the level of the footpath. Building Regulations 2006 - SECT 509 Service pipes and rainwater heads 509. Service pipes and rainwater heads A service pipe, rainwater head or service installation must not project beyond the street alignment- (a) more than 200mm in the case of a service pipe; and (b) more than 300mm in the case of a rainwater head or service installation; and (c) at any height less than 2ˇ7m above the level of the footpath. Building Regulations 2006 - SECT 510 Window shutters 510. Window shutters Window shutters may project not more than 50mm beyond the street alignment when in the fully open position. Building Regulations 2006 - SECT 511 Signs 511. Signs A sign or similar Class 10b structure must not project beyond the street alignment- (a) unless it is set back not less than 750mm from the kerb; and (b) at any height less than 2ˇ7m above the level of the footpath. Building Regulations 2006 - SECT 512 Service cabinet doors 512. Service cabinet doors (1) A service cabinet door must not project beyond the street alignment more than 600mm when in the open position. (2) In this regulation service cabinet means a cabinet or cupboard containing meters, electrical equipment, water connections, fire equipment or other similar equipment. Building Regulations 2006 - SECT 513 Report and consent required 513. Report and consent required (1) The report and consent of the relevant council must be obtained to an application for a building permit to construct any of the following if it projects beyond the street alignment at a different height or distance to that specified in this Division- (a) an architectural feature or similar part of a building; (b) a window; (c) a balcony; (d) a verandah; (e) a sunblind; (f) an awning; (g) a service pipe; (h) a rainwater head; (i) a service installation; (j) a window shutter; (k) a sign or similar Class 10b structure; (l) a service cabinet door. (2) The report and consent of the relevant council must be obtained to an application for a building permit to construct a building if any part of the building not specified in subregulation (1) would project beyond the street alignment. (3) The relevant council may give its consent under subregulation (1) or (2) if it considers that this will not be detrimental to the safety of the public. (4) The report and consent of the relevant council under subregulation (1) or (2) need not be obtained to an application for a building permit ifž (a) a planning permit is required for the construction of the building; and (b) the relevant planning scheme regulates the projection of the part of the building beyond the street alignment. Building Regulations 2006 - SECT 514 Footings adjoining boundaries are permissible 514. Footings adjoining boundaries are permissible A footing may- (a) support a party wall; and (b) extend beyond the boundaries of a street alignment- (i) to a distance of not more than 300mm if the highest projecting part of the footing is at a depth of not less than 450mm but less than 3m below the ground level; or (ii) to a distance of not more than 1m where the highest projecting part of the footing is at a depth of 3m or more below the ground level. Division 3-Buildings above or below certain public facilities Building Regulations 2006 - SECT 515 Buildings above or below certain public facilities 515. Buildings above or below certain public facilities (1) This Division does not apply to an item to which Division 2 applies. (2) The report and consent of the relevant council must be obtained to an application for a building permit for the construction of a building above or below a street, railway, bus terminal or similar public facility whether or not such a building is connected to other buildings. __________________ Building Regulations 2006 - PART 6 PART 6 BUILDING WORK Division 1-General provisions Building Regulations 2006 - SECT 601 Testing of materials 601. Testing of materials (1) The relevant building surveyor may require that the owner or builder carrying out building work for which a building permit has been issued arrange for the testing of any material used in the building work. (2) The relevant building surveyor may, as a result of tests carried out under subregulation (1), prohibit the use of any material that- (a) does not meet the requirements of these Regulations; or (b) is found to be unsuitable or unfit for the purposes for which it is intended. (3) Tests under subregulation (1) must be carried out by a Registered Testing Authority or an approved person or organisation. Building Regulations 2006 - SECT 602 Protection of adjoining property 602. Protection of adjoining property (1) Protection work must be provided in respect of an adjoining property, before and during the carrying out of any building work, if required by the relevant building surveyor. (2) The notice required to be served by the owner on the adjoining owner by section 84 of the Act may be in accordance with Form 3 and must be accompanied by 3 copies of the notice required to be given by the adjoining owner to the owner under section 85 of the Act. (3) For the purposes of section 84(2) of the Act- (a) the prescribed details of the proposed building work are the relevant details set out in Form 3 (other than the notes); and (b) the prescribed details of the proposed protection work are the relevant details set out in Form 3 (other than the notes); and (c) the other prescribed information is any information set out in Form 3 (other than the notes) that is not a prescribed detail under paragraph (a) or (b). (4) The notice required to be given by the adjoining owner to the owner under section 85 of the Act agreeing or disagreeing to the proposed protection work or requiring more information may be in accordance with Form 4. (5) The prescribed information to be contained in a notice under section 85 of the Act is the information set out in Form 4 (other than the notes). (6) A written notice of determination by the relevant building surveyor under section 87 of the Act must include- (a) a statement informing the recipient of the notice of any right of appeal to the Building Appeals Board under section 141 of the Act; and (b) the prescribed appeal period under regulation 1601 that applies in respect of that right of appeal. Building Regulations 2006 - SECT 603 Exceptions to carrying out protection work 603. Exceptions to carrying out protection work Despite regulation 602(1), an owner is not required to carry out protection work in respect of an adjoining property before the carrying out of building work if- (a) no buildings are to be erected or building work is to be carried out or equipment is to be used on, over, under, or in the air space of the adjoining property; and (b) before commencing the building work the owner provides the relevant building surveyor with- (i) a certificate under section 238 of the Act from the engineer who designed the building work who is a registered building practitioner in the category of engineer, class of civil engineer, certifying that the structural design of the building work complies with the Act and these Regulations; and (ii) a further certificate under section 238 of the Act from an independent engineer who is a registered building practitioner in the category of engineer, class of civil engineer, certifying that the structural design of the building work complies with the Act and these Regulations; and (c) the relevant building surveyor is satisfied that the building work will not adversely affect the stability of, or cause damage to, the adjoining property; and (d) before carrying out the building work, the owner provides the adjoining owner with a copy of the certificates provided under paragraph (b), and all documents referred to in the certificates. Building Regulations 2006 - SECT 604 Protection of the public 604. Protection of the public (1) Precautions must be taken before and during building work to protect the safety of the public if required by the relevant building surveyor. (2) The precautions must be approved by the relevant building surveyor before building work is commenced. (3) Before and during the carrying out of building work all excavations must be fenced or otherwise guarded against being a danger to life or property. (4) The report and consent of the relevant council must be obtained to an application for a building permit relating to the erection of precautions over the street alignment unless a local law requires the taking of precautions and the precautions comply with the local law. Building Regulations 2006 - SECT 605 Excavations 605. Excavations (1) All excavations and backfilling must be executed in a safe and workmanlike manner. (2) Unless exempted by the relevant building surveyor, all water must be removed or diverted from excavations before the laying of footings. Building Regulations 2006 - SECT 606 Retaining walls 606. Retaining walls (1) The municipal building surveyor may require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil, if the municipal building surveyor considers that the stability of the ground on the allotment or any adjoining property has been or may be adversely affected by any excavation or filling of soil on the allotment. (2) An owner of an allotment must comply with a requirement in relation to the allotment under subregulation (1). Penalty: 10 penalty units. (3) Subregulation (1) does not apply if the owner of the allotment is required to provide protection work in respect of an adjoining property under regulation 602(1). Building Regulations 2006 - SECT 607 Demolition 607. Demolition (1) Precautions must be taken before and during demolition in accordance with AS 2601-2001 The demolition of structures, published 13 September 2001, as published from time to time and the following- (a) the demolition must not be commenced until the precautionary measures have been inspected and approved by the relevant building surveyor; and (b) no part of any external wall on or within 3m of a street alignment may be pulled down except during the hours that the relevant building surveyor directs; and (c) protective outriggers must be installed where necessary to guard against danger to life or property or when required by the relevant building surveyor; and (d) the site must be cleared of all debris. (2) The relevant building surveyor may exempt minor demolition work from the requirements of subregulation (1) if the relevant building surveyor is of the opinion that the nature of the demolition work does not warrant those measures. Building Regulations 2006 - SECT 608 Alterations to buildings 608. Alterations to buildings (1) This regulation applies to alterations to an existing building. (2) Subject to this regulation and to regulation 609, building work to alter an existing building must comply with these Regulations. (3) If the proposed alterations, together with any other alterations completed or permitted within the previous 3 years, represent more than half the original volume of the building the entire building must be brought into conformity with these Regulations. (4) The relevant building surveyor may consent to partial compliance with subregulation (2) or (3). Note The relevant building surveyor, when deciding whether to give a consent under subregulation (4), is subject to clause 7 of Schedule 2 to the Act, which provides that he or she must consider any report of a reporting authority before deciding the application and that he or she must implement the recommendations of a prescribed reporting authority in relation to a prescribed matter. (5) In determining whether to consent to partial compliance with subregulation (2) or (3) in respect of any alteration to a building, the relevant building surveyor must take into account- (a) the structural adequacy of the building; and (b) the requirements necessary to make reasonable provision for- (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building. (6) If any part of the alteration is an extension to an existing building, the relevant building surveyor may only consent to partial compliance in respect of the extension if the floor area of the extension is not greater than the lesser of- (a) 25% of the floor area of the existing building; or (b) 1000m2. Building Regulations 2006 - SECT 609 Alterations affecting exits and paths to exits 609. Alterations affecting exits and paths to exits (1) If a proposed alteration to a Class 2, 3, 4, 5, 6, 7, 8 or 9 building would adversely affect any exit or path of travel to an exit, the building must comply with Section D of Volume One of the BCA. (2) The relevant building surveyor may consent to partial compliance with subregulation (1). (3) In determining whether to consent to partial compliance with subregulation (1) the relevant building surveyor must take into account the requirements necessary to make reasonable provision for- (a) the amenity of the building; and (b) the safety and health of people using the building. Building Regulations 2006 - SECT 610 Storm water drainage 610. Storm water drainage (1) The design of every stormwater drainage system to the point of discharge from an allotment must be approved by the relevant building surveyor. (2) The report of the relevant council indicating the location of the point of discharge from an allotment either within the allotment or at the allotment boundary must be obtained in relation to an application for a building permit for the carrying out of building work that includes a stormwater drainage system. Division 2-Special provisions Building Regulations 2006 - SECT 611 Extension of non-complying external wall 611. Extension of non-complying external wall Despite any other provision in these Regulations to the contrary, a single storey external wall (including any openings) of a Class 1 building may be extended, once, a maximum of 6m measured horizontally in similar construction without the extension of the wall complying with performance requirement P2.3.1 of Volume Two of the BCA. Building Regulations 2006 - SECT 612 Record of pile-driving 612. Record of pile-driving Any person installing piles must- (a) keep a record of all pile-driving operations undertaken during the construction including any determination of allowable loadings; and (b) make the records available for inspection by the relevant building surveyor during the progress of the pile-driving operations; and (c) within 28 days of the completion of the pile-driving operations forward the complete records of the pile-driving operations to the relevant building surveyor. Penalty: 10 penalty units. Building Regulations 2006 - SECT 613 Branding of timber 613. Branding of timber (1) Despite performance requirement BP1.1 of Volume One and performance requirement P2.1 of Volume Two of the BCA, every piece of timber to be used for structural purposes must be- (a) stress graded in accordance with whichever of the following standards is applicable to the type of timber- (i) AS 2082-2000 Timber-Hardwood-Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time; (ii) AS 2858-2004 Timber-Softwood-Visually graded for structural purposes, published 14 April 2004, as published from time to time; (iii) AS/NZS 1748:1997 Timber-Stress-graded-Product requirements for mechanically stress-graded timber, published 5 November 1997, as published from time to time; and (b) marked at least once with- (i) the source of the stress grading; and (ii) the word "seasoned" or the letter "S" if seasoned in accordance with AS 2082 or AS 2858 as published from time to time; and (iii) the stress grade or stress grade colour in accordance with AS 1613-2005 Timber-Colours for marking F-grades, published 13 September 2005, as published from time to time. (2) Nothing in this regulation applies to timber- (a) to be used as a stump, sole plate or as fencing material; or (b) having a dimension of 25mm or less; or (c) comprising part of a manufactured component which complies with AS 1720.1-1997 Timber Structures-Part 1: Design Methods, published 5 November 1997, as published from time to time; or (d) which has been previously used, but which in the opinion of the relevant building surveyor is suitable to be used for structural purposes. __________________ Building Regulations 2006 - PART 7 PART 7 BUILDING WORK-SAFETY REQUIREMENTS Division 1-Existing swimming pools and spas Building Regulations 2006 - SECT 701 Definition of owner 701. Definition of owner In this Division, owner in relation to a swimming pool or spa means- (a) in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and (b) in the case of a swimming pool or spa on any other allotment, the owner of that allotment. Building Regulations 2006 - SECT 702 Application of this Division 702. Application of this Division (1) This Division applies to a swimming pool or spa- (a) on an allotment containing a Class 1, 2, 3 or 10 building or a Class 4 part of a building where the swimming pool or spa is appurtenant to that building; and (b) capable of containing a depth of water exceeding 300mm; and (c) constructed, or for which building approval was granted, before 8 April 1991. (2) Despite subregulation (1), this Division does not apply to a swimming pool or spa on an allotment containing a Class 2 or 3 building or a Class 4 part of a building until 14 June 2006. Building Regulations 2006 - SECT 703 Requirement for barriers 703. Requirement for barriers The owner of a swimming pool or spa must ensure that one or more of the following barriers are in place to restrict access to the part of the allotment or building containing the swimming pool or spa- (a) a wall of a building, but only if- (i) any door or gate in the wall complies with regulation 704; and (ii) any openable part of any window in the wall complies with regulation 705; (b) a fence and gate complying with AS 1926.1-1993 Swimming pool safety Part 1: Fencing for swimming pools, published 26 July 1993, as published from time to time; (c) a paling, or imperforate fence if- (i) it is at least 1ˇ5m in height measured above the ground level on the approach side; and (ii) any door or gate in the fence complies with regulation 704. Penalty: 50 penalty units. Building Regulations 2006 - SECT 704 Requirements for doors or gates 704. Requirements for doors or gates For the purposes of regulations 703(a)(i) and 703(c)(ii)- (a) the door or gate must have a self-locking or self-latching device that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and (b) the opening mechanism on the door or gate must be located not less than 1ˇ5m above the ground level or the internal floor level (as the case may be), measured from the approach side; and (c) the door or gate must be fitted with a device that returns the door or gate to its closed positionž (i) from any position in the range of positions from fully open to resting on the lock or latch; and (ii) from a stationary start from any position within that range without the application of manual force. Building Regulations 2006 - SECT 705 Requirements for windows in walls used as barriers 705. Requirements for windows in walls used as barriers For the purposes of regulation 703(a)(ii), the openable part of the window in the wall- (a) must be not less than 2ˇ4m above the ground or paving immediately external to the window; or (b) must be not less than 1ˇ5m above the floor of the room containing the window; or (c) must have a catch, bolt, lock or other stop located not less than 1×5m above the floor of the room containing the window so that the openable part of the window cannot be opened more than 125mm; or (d) must have a securely fitted fly screen. Division 2-Fire safety in certain existing residential buildings Building Regulations 2006 - SECT 706 Definition of owner 706. Definition of owner In this Division, owner in relation to a dwelling, a sole occupancy unit or a building means- (a) in the case of a dwelling, sole occupancy unit or a building being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that dwelling, sole occupancy unit or building; and (b) in the case of any other dwelling, sole occupancy unit or building, the owner of that dwelling, sole occupancy unit or building. Building Regulations 2006 - SECT 707 Self contained smoke alarms 707. Self contained smoke alarms (1) Subject to subregulation (6), this regulation applies to any Class 1, 2 or 3 building or Class 4 part of a building constructed or for which a building approval or building permit was granted prior to 1 August 1997. (2) A self contained smoke alarm complying with AS 3786-1993 Smoke alarms, published 13 April 1993, as published from time to time must be installed in each dwelling or sole-occupancy unit (which is or forms part of a building to which this regulation applies) in appropriate locations on or near the ceiling of every storey of the dwelling or sole-occupancy unit. (3) The appropriate locations referred to in subregulation (2) must be as determined in accordance with Practice Note 2006-27 issued by the Building Commission in May 2006. (4) This regulation must be complied with by the owner of the dwelling or sole-occupancy unit. (5) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 5 penalty units. (6) This regulation does not apply to a Class 1b or 3 building- (a) if the building complies with regulation 709; or (b) on or after the earliest date on which the owner of the building is required to comply with regulation 709 in relation to the building- whichever first occurs. Note See regulation 709(7) for the date for compliance with regulation 709. Building Regulations 2006 - SECT 708 Residential care buildings-automatic fire sprinkler systems 708. Residential care buildings-automatic fire sprinkler systems (1) This regulation applies to a residential care building which was constructed or for which a building approval or building permit was granted prior to 1 August 1997. Note The term residential care building is defined in clause Vic A1.1 of the Victorian Appendix to Volume One of the BCA. (2) A residential type fire sprinkler system complying with AS 2118.4-1995 must be installed in each building to which this regulation applies. (3) If the sprinkler system referred to in subregulation (2) has more than 100 heads or the building to which this regulation applies accommodates more than 32 residents, the sprinkler system must be connected to a fire station or other approved monitoring service in accordance with Practice Note 2006-07 issued by the Building Commission in May 2006. (4) This regulation must be complied with by the owner of the building. (5) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 10 penalty units. Building Regulations 2006 - SECT 709 Hard-wired smoke alarms or detection system 709. Hard-wired smoke alarms or detection system (1) This regulation applies to- (a) a Class 9a building that is a residential care building; and (b) a Class 1b or 3 building- constructed or for which a building approval or building permit was granted before 1 August 1997. (2) The following must be installed in a building to which this regulation applies- (a) smoke alarms complying with AS 3786-1993 Smoke alarms, published 13 April 1993, as published from time to time, in appropriate locations on or near the ceiling of every storey of the building and powered from the mains electricity power supply, if there is such a supply to the building; or (b) a smoke detection system complying with AS 1670.1-2004 Fire detection, warning, control and intercom systems-System design, installation and commissioning-Part 1: Fire, published 29 April 2004, as published from time to time. (3) The installation and the appropriate locations of smoke alarms referred to in subregulation (2)(a) must be in accordance with Practice Note 2006-27 issued by the Building Commission in May 2006. (4) For the purposes of subregulation (3), Practice Note 2006-27 must be applied to a Class 9a residential care building as if the building were a Class 3 building. (5) A smoke detection system referred to in subregulation (2)(b) must be connected to, and be designed to activate, a building occupant warning system complying with clause 6 of Specification E2.2a of Volume One of the BCA. (6) For the purposes of subregulation (5), clause 6 of Specification E2.2a of Volume One of the BCA must be applied to a Class 1b building as if the building were a Class 3 building. * * * * * (8) This regulation must be complied with by the owner of the building. (9) A person who fails to comply with this regulation is guilty of an offence and is liable to a penalty not exceeding 5 penalty units. (10) This regulation does not apply to a building that has- (a) an approved smoke alarm system powered from the mains electricity supply, if there is such a supply to the building; or (b) an approved smoke detection system- installed throughout the building. Building Regulations 2006 - SECT 710 Shared accommodation buildings-automatic sprinkler systems 710. Shared accommodation buildings-automatic sprinkler systems (1) This regulation applies to a Class 3 building that is a shared accommodation building constructed or for which a building approval or building permit was granted before 1 July 2003. Note The term shared accommodation building is defined in clause Vic A1.1 of the Victorian Appendix to Volume One of the BCA. (2) A fire sprinkler system that complies with AS 2118.1-1999 or AS 2118.4-1995 (whichever is appropriate) must be installed throughout a building to which this regulation applies. (3) This regulation must be complied with by 14 June 2009. (4) This regulation must be complied with by the owner of the building. (5) A person who fails to comply with this regulation is guilty of an offence and is liable to a penalty not exceeding 10 penalty units. (6) This regulation does not apply to a building that has a rise in storeys of not more than 2 and- (a) where the distance of travel from the entrance doorway of each sole-occupancy unit- (i) to the nearest exit; or (ii) to a point from which travel in different directions to at least 2 exits is available- is not more than 6m; and (b) that has a fire hose reel system in accordance with clause E1.4 of Volume One of the BCA or, in the case of a fire compartment having a floor area not greater than 500m2 in area, portable fire extinguishers to cover Class A fire risks in accordance with AS 2444-2001 Portable fire extinguishers and fire blankets-Selection and location, published 9 November 2001, as published from time to time; and (c) that has emergency lighting in accordance with clause G4.4 or clause E4.2 of Volume One of the BCA (as appropriate); and (d) that has exit signs in accordance with the deemed-to-satisfy provisions of Part E4 of Volume One of the BCA; and (e) that has a management plan in accordance with Practice Note 2006-13, issued by the Building Commission in May 2006. (7) This regulation does not apply to a building that has a rise in storeys of more than 2 and- (a) where the distance of travel from the entrance doorway of each sole-occupancy unit- (i) to the nearest exit; or (ii) to a point from which travel in different directions to at least 2 exits is available- is not more than 6m; and (b) that has building elements with a fire-resistance level of not less than 60/60/60 separating each sole-occupancy unit from- (i) a public corridor, public lobby or the like; or (ii) a room not within the sole-occupancy unit; or (iii) the landing of an internal non-fire-isolated stairway; or (iv) another sole-occupancy unit; and (c) any doorways from each sole-occupancy unit that provide access to a public corridor, public stairway, internal non-fire-isolated stairway or the like are protected with a self-closing fire door having a fire-resistance level of not less than -/30/30; and (d) that has a fire hose reel system in accordance with clause E1.4 of Volume One of the BCA; and (e) that has emergency lighting in accordance with clause G4.4 or clause E4.2 of Volume One of the BCA (as appropriate); and (f) that has exit signs in accordance with the deemed-to-satisfy provisions of Part E4 of Volume One of the BCA; and (g) that has a management plan in accordance with Practice Note 2006-13, issued by the Building Commission in May 2006. (8) This regulation does not apply to- (a) a building in which- (i) each storey that has sleeping facilities has its own direct egress to a street or to open space; and (ii) the distance of travel from the entrance doorway of each sole-occupancy unit, to the nearest exit or to a point from which travel in different directions to at least 2 exits is available, is not more than 6m; or (b) a building required to comply with regulation 708; or (c) a building that has an approved sprinkler system installed throughout the building. __________________ Building Regulations 2006 - PART 8 PART 8 BUILDING WORK IN SPECIAL AREAS Building Regulations 2006 - SECT 801 Septic tank systems 801. Septic tank systems (1) The report and consent of the relevant council must be obtained to an application for a building permit that requires- (a) the installation or alteration of a septic tank system; or (b) the construction of a building over an existing septic tank system. (2) The report and consent of the relevant council need not be obtained to an application for a building permit referred to in subregulation (1) if a permit for the construction, installation or alteration of the septic tank system that is relevant to the application has been issued under Part IXB of the Environment Protection Act 1970. Building Regulations 2006 - SECT 802 Flood areas 802. Flood areas (1) This regulation does not apply to- (a) a Class 10 building; or (b) an unenclosed floor area of a building; or (c) an alteration to an existing building if the area of the existing building is not increased by more than 20m2. (2) For the purposes of this regulation, land is in an area liable to flooding if- (a) by or under the Water Act 1989 it is determined as being liable to flooding (however expressed); or (b) it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding; or (c) it is described on a certified or sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding (however expressed); or (d) it is designated by the relevant council as likely to be flooded by waters from- (i) a waterway, as defined in section 3 of the Water Act 1989; or (ii) any land upon which water concentrates or upon or over which surface water usually or occasionally flows (whether in a defined channel or otherwise) including land affected by flow from a drainage system. (3) The report and consent of the relevant council must be obtained to an application for a building permit if the site is on an allotment that is in an area liable to flooding. (4) The report and consent of the relevant council under subregulation (3) need not be obtained to an application for a building permit ifž (a) a planning permit is required for the construction of the building; and (b) the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the Water Act 1989 or otherwise determined by the floodplain management authority or the relevant council. (5) The relevant council must not give its consent under subregulation (3) if it is of the opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site. (6) In its report under subregulation (3) the relevant council may specify a level for the surface of the lowest floor of a building on the site. (7) Before specifying a floor level under subregulation (6) the relevant council must- (a) consult with the floodplain management authority for that site; and (b) specify a level at least 300mm above any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the authority consents to a lower floor level. (8) The relevant council must without delay advise the floodplain management authority and the sewerage authority for that site of the floor level (if any) specified under subregulation (6). Building Regulations 2006 - SECT 803 Termite risk areas 803. Termite risk areas (1) A council may designate areas within its municipal district in which buildings are likely to be subject to attack by termites. (2) Despite anything to the contrary in performance requirement BP1.1 of Volume One of the BCA and performance requirement P2.1 of Volume Two of the BCA- (a) a primary building element is only required to be protected against attack by termites if it is part of a building being constructed in an area designated under subregulation (1); and (b) a detached Class 10 building is not required to be protected against termite attack. * * * * * Building Regulations 2006 - SECT 805 Alpine areas 805. Alpine areas For the purposes of the BCA, a council may determine the areas in its municipal district that in its opinion are likely to be subject to significant snowfalls. Building Regulations 2006 - SECT 806 Designated land or works 806. Designated land or works (1) The report and consent of the relevant council must be obtained for an application for a building permit for the construction of a building on designated land or works. (2) The report and consent may include conditions controlling the location and construction of retaining walls and fences in relation to designated land or works. (3) Before giving its consent under subregulation (1), the relevant council must consult with the waterway management authority for the designated land or works. (4) In this regulation- designated land or works means any land or works declared to be designated land or works under Part 10 of the Water Act 1989; waterway management authority in relation to designated land or works, means the Authority to which Division 2 of Part 10 of the Water Act 1989 applies that has the waterway management district (within the meaning of that Act) which contains the designated land or works. Building Regulations 2006 - SECT 807 Designated special areas-mapping 807. Designated special areas-mapping (1) A council must prepare maps for all designated special areas within its municipal district. (2) If in a municipal district a designated special area is altered or a new designated special area is created a relevant council must as soon as practicable- (a) amend the map for the designated special area that has been altered; or (b) prepare a map of the designated special area that has been created. (3) A council must advise the Commission within 7 days if a designated special area within its municipal district is altered or if a new designated special area is created. (4) The relevant council must lodge with the Building Commission within 7 days copies of designated special areas maps amended or prepared under subregulation (1) or (2). (5) A council must make an up to date copy of each designated special area map applicable to its municipal district that has been prepared under this regulation available to the public at the offices of the council during normal business hours. (6) In this regulation designated special area means- (a) an area liable to flooding within the meaning of regulation 802; or (b) an area designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or * * * * * (d) an area determined as likely to be subject to significant snowfalls under regulation 805; or (e) designated land or works within the meaning of regulation 806. Building Regulations 2006 - SECT 808 Water supply for fire fighting purposes 808. Water supply for fire fighting purposes (1) Subject to subregulation (7), if the construction of a Class 1a building is proposed on the same allotment as a Class 1a building that was destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive) and that allotment is in a Wildfire Management Overlay under the relevant planning scheme approved under the Planning and Environment Act 1987, a static water supply, such as a water tank, must be provided on the allotment in accordance with this regulation. (2) The static water supply must be- (a) used solely for fire fighting purposes; and (b) able to hold 10 000 litres in onsite static storage located on the allotment; and (c) located within 60 m of the building; and (d) situated so as to enable emergency services vehicles access to within 4 m of the water supply outlet. (3) If the static water supply is not able to be readily seen from the building or access driveway a sign in or to the like effect of the sign illustrated in the diagram at the foot of this regulation must be located on the allotment so that it is- (a) easily seen by persons operating emergency vehicles; and (b) pointing in the direction of the water supply. Diagram-Sign indicating static water supply location (4) All below-ground water pipelines relating to the static water supply must be installed to the depths of- (a) 300 mm if subject to vehicle traffic; or (b) 75 mm if under a house or concrete slab, or (c) 225 mm in all other locations. (5) All fixed above-ground water pipelines and fittings relating to the static water supply, including the water supply, must be constructed of non-corrosive and non-combustible materials, or be protected from the effects of radiant heat and flame. (6) If the static water supply is above ground, the following additional requirements apply- (a) there must be at least one pipe fitting no less than 64 mm, 3 thread/25 mm ´ 50 mm nominal bore British Standard Pipe (BSP) round male coupling; (b) all pipe work and valving between the water supply and the water supply outlet must be no less than 50 mm nominal bore; (c) if the water supply is less than 20 m from the building, each outlet must face away from the building to allow access during emergencies. (7) Subregulation (1) does not apply if- (a) the bushfire attack level of the allotment is determined as LOW or 12ˇ5 under clause 2.2 or Appendix B (as the case requires) in accordance with Section 2 of AS 3959-2009 Construction of buildings in bushfire-prone areas, published 10 March 2009, as published from time to time; and (b) there is a fire hydrant connected to a reticulated water supply within 120 m of the rear of the building. Building Regulations 2006 - SECT 809 Access for emergency vehicles 809. Access for emergency vehicles (1) If the construction of a Class 1a building is proposed on the same allotment as a Class 1a building that was destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive) and that allotment is in a Wildfire Management Overlay under a planning scheme approved under the Planning and Environment Act 1987, the driveway to the building must be designed to allow an emergency vehicle access in accordance with this regulation. (2) The driveway must be designed so that as a minimum- (a) any curves in the driveway have a minimum inner radius of 10 m; and (b) the average grade for the driveway be no more than 1 in 7 (14×4%) (8×1o) with a maximum of no more than 1 in 5 (20%) (11×3o) for no more than 50 m; and (c) any dips in the driveway have no more than a 1 in 8 (12×5%) (7×1o) entry and exit angle. (3) If the driveway from the road to the building or static water supply for fire fighting purposes (within the meaning of regulation 808), including gates, bridges and culverts, is greater than 30 m in length, the driveway must- (a) be designed, constructed and maintained for a load limit of at least 15 tonnes and be of all weather construction; and (b) provide a minimum trafficable width of 3×5 m, and be clear of encroachments 4 m vertically. (4) If the driveway is longer than 100 m, a turning area for emergency vehicles close to the building must be provided for by either- (a) a turning circle with a minimum radius of 8 m; or (b) the driveway encircling the building; or (c) a T head or Y head with a minimum forced surface of each leg being 8 m in length measured from the centre point of the head and 4 m trafficable width. Note The following diagrams illustrate aspects of subregulation (4)(c). Diagram-Y head Diagram-T head (5) If the length of the driveway is greater than 200 m passing bays must be provided and be- (a) 20 m long; and (b) provided every 200 m, with a trafficable width of 6 m. __________________ Building Regulations 2006 - PART 9 PART 9 INSPECTIONS NOTICES AND ORDERS Building Regulations 2006 - SECT 901 Mandatory notification stages for inspection 901. Mandatory notification stages for inspection (1) For the purposes of Part 4 of the Act the mandatory notification stages are- (a) prior to placing a footing; and (b) prior to pouring an in situ reinforced concrete member nominated by the relevant building surveyor; and (c) completion of framework; and (d) final, upon completion of all building work. (2) The relevant building surveyor may vary a stage set out in subregulation (1) in relation to building work if it is inappropriate to the building work. (3) The mandatory notification stages for building work determined in accordance with subregulation (1) or (2) must be set out in the building permit for that building work. Building Regulations 2006 - SECT 902 Availability and keeping of directions 902. Availability and keeping of directions The relevant building surveyor must- (a) keep a copy of each direction he or she gives under section 37 of the Act in respect of building work until completion of the building work; and (b) make the directions available for inspection during that period by any person during office hours. Building Regulations 2006 - SECT 903 Emergency orders 903. Emergency orders An emergency order made under section 102 of the Act must include (in addition to the matters permitted by section 103 of the Act)- (a) the location of the building, land or place of public entertainment to which it applies; and (b) the name of the owner or occupier; and (c) the reason or reasons why the emergency order was issued; and (d) the period within which the emergency order must be complied with; and (e) the date of inspection by the municipal building surveyor; and (f) the date of issue of the order; and (g) the name and address of the municipal building surveyor. Building Regulations 2006 - SECT 904 Building notice 904. Building notice A building notice served under section 106 of the Act must include (in addition to the matters permitted by section 108 of the Act)- (a) the location of the building or place of public entertainment to which it applies; and (b) the name and address of the owner; and (c) the reason or reasons why the notice was issued; and (d) the date of inspection by the relevant building surveyor; and (e) the date of issue of the notice; and (f) the name and address of the relevant building surveyor. Building Regulations 2006 - SECT 905 Building orders 905. Building orders A building order made under section 111, 112 or 113 of the Act must include (in addition to the requirements of section 114 of the Act)- (a) the location of the building, land or place of public entertainment to which it applies; and (b) the name and address of the owner or other person to whom the order is directed; and (c) the reason or reasons why the order was issued; and (d) the date of inspection by the relevant building surveyor; and (e) the date of issue of the order; and (f) the name and address of the relevant building surveyor. Building Regulations 2006 - SECT 906 Amendment or cancellation of a building order 906. Amendment or cancellation of a building order (1) A request under section 116 of the Act must be in writing. (2) The prescribed time for the purposes of section 116(3) of the Act is 14 days. (3) The relevant building surveyor must inform the owner without delay of his or her decision on a request under section 116 of the Act. __________________ Building Regulations 2006 - PART 10 PART 10 OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION Building Regulations 2006 - SECT 1001 Application of Part 1001. Application of Part (1) This Part applies to all buildings and places of public entertainment. (2) An occupancy permit is not required for- (a) a Class 10 building; or (b) an alteration to a Class 1a building or within a sole occupancy unit in a Class 2 or 3 building. Building Regulations 2006 - SECT 1002 Application for occupancy permit 1002. Application for occupancy permit (1) An application for an occupancy permit may be in accordance with Form 5. (2) The prescribed information to be contained in the application is the information set out in Form 5 (other than the notes). Building Regulations 2006 - SECT 1003 Reporting authorities for occupancy permit 1003. Reporting authorities for occupancy permit (1) The report and consent of the chief officer must be obtained in respect of an application for an occupancy permit- (a) if he or she was a reporting authority in respect of the application for the building permit which required the issue of the occupancy permit; or (b) in relation to the transmission signal of alarms required, under these Regulations or any previous corresponding regulations, to be connected to a fire station or other approved monitoring service. (2) The report and consent of the relevant council must be obtained in respect of an application for an occupancy permit in relation to the installation or alteration of a septic tank system or the construction of a building over an existing septic tank system. (3) The report and consent of the relevant council need not be obtained in respect of an application for an occupancy permit referred to in subregulation (2), if a certificate approving the use of the septic tank system that is relevant to the application has been issued under Part IXB of the Environment Protection Act 1970. Building Regulations 2006 - SECT 1004 Time limits 1004. Time limits The time limits set out in Schedule 6 apply in relation to applications for occupancy permits. Building Regulations 2006 - SECT 1005 Form of occupancy permit 1005. Form of occupancy permit An occupancy permit issued under Part 5 of the Act must be in the form of Form 6. Building Regulations 2006 - SECT 1006 Form of certificate of final inspection 1006. Form of certificate of final inspection A certificate of final inspection issued under section 38 of the Act must be in the form of Form 7. Building Regulations 2006 - SECT 1007 Display of occupancy permit at approved location 1007. Display of occupancy permit at approved location (1) This regulation applies to- (a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and (b) Class 9 buildings; and (c) places of public entertainment. (2) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current occupancy permit in respect of that building or place is displayed and kept displayed at an approved location within the building or place. Penalty: 10 penalty units. Building Regulations 2006 - SECT 1008 Approved location for display of permit 1008. Approved location for display of permit (1) Subject to subregulation (3), the relevant building surveyor must ensure that a location approved within a building for the purposes of regulation 1007 is in a prominent position accessible to the occupants of the building. (2) The relevant building surveyor must ensure that a location approved within a place of public entertainment for the purposes of regulation 1007 is in a prominent position accessible to the public. (3) In the classes of buildings referred to in regulation 1805, the location approved for the purposes of regulation 1007 may be in an area to which access is available only with the authorisation of the owner. Building Regulations 2006 - SECT 1009 Owner to make permit available for inspection 1009. Owner to make permit available for inspection (1) This regulation applies to- (a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and (b) Class 9 buildings; and (c) places of public entertainment. (2) An owner of a building or place of public entertainment must ensure that a copy of any current occupancy permit is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request. Penalty: 10 penalty units. Building Regulations 2006 - SECT 1010 Keeping of occupancy permit records 1010. Keeping of occupancy permit records (1) For the purposes of section 75 of the Act, a council must keep the documents relating to occupancy permits- (a) in their original form for not less than 10 years from the date of issue of the occupancy permit; and (b) after that period in their original form or in any other manner specified by the Keeper of Public Records (within the meaning of the Public Records Act 1973) until- (i) the building in respect of which the permit is given is demolished or removed from the allotment; or (ii) the occupancy permit is cancelled. (2) For the purposes of section 75 of the Act, a council must keep documents relating to a temporary approval for 3 years after- (a) the end of the period for which the temporary approval applies; or (b) the temporary approval is cancelled. Building Regulations 2006 - SECT 1011 Change of use 1011. Change of use (1) A person must not change the use of a building or place of public entertainment unless the building or place of public entertainment complies with the requirements of these Regulations applicable to the new use. Penalty: 10 penalty units. (2) Despite subregulation (1), the municipal building surveyor may exempt a building or place of public entertainment from compliance with any of these Regulations applicable to the new use. (3) In deciding whether to grant an exemption under subregulation (2) the municipal building surveyor must take into account- (a) the structural adequacy of the building or place; and (b) the requirements necessary to make reasonable provision for- (i) the amenity of the building or place and the safety and health of people using the building or place; and (ii) avoiding the spread of fire to or from any adjoining building. (4) A private building surveyor may exercise the powers of the municipal building surveyor under this regulation in the case of a building or place of public entertainment for which the private building surveyor has been appointed to issue an occupancy permit. (5) This regulation applies in addition to any requirements under Part 5 of the Act to obtain an occupancy permit in respect of change of use or any requirements under regulation 608 in respect of alterations. Building Regulations 2006 - SECT 1012 Information to be supplied to council 1012. Information to be supplied to council In addition to the requirements of section 73 of the Act, the relevant building surveyor must within 7 days- (a) after issuing a certificate of final inspection, give to the relevant council a copy of the certificate; and (b) after issuing an occupancy permit or a certificate of final inspection, give to the relevant council the inspection approval dates for mandatory notification stages for the building work. Penalty: 10 penalty units. Building Regulations 2006 - SECT 1013 Documents to be given to council 1013. Documents to be given to council The following documents are prescribed for the purposes of section 73(1A) of the Act- (a) a notice given to the relevant building surveyor under section 25A(1) of the Act; (b) a notice given to the relevant building surveyor under section 25A(2) of the Act; (c) a notice given to the relevant building surveyor under section 25A(3) of the Act; (d) a notice served on the relevant building surveyor under section 84 of the Act; (e) a notice given to the relevant building surveyor under section 85 of the Act; (f) a determination of the relevant building surveyor under section 87 of the Act; (g) a determination of the Building Appeals Board; (h) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA together with any computations or reports relied upon by the relevant building surveyor in making the determination; (i) a determination of the municipal building surveyor or a private building surveyor under regulation 502; (j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 503; (k) a document setting out any requirement of the relevant building surveyor under regulation 604 to take precautions to protect the safety of the public; (l) a consent of the relevant building surveyor under regulation 608; (m) a consent of the relevant building surveyor under regulation 609; (n) a report and consent of a reporting authority referred to in regulation 1003; (o) an exemption given by the relevant building surveyor under regulation 1011; (p) any document required by the relevant building surveyor under clause 2 of Schedule 2 to the Act. Building Regulations 2006 - SECT 1014 Prescribed time to give council other documents 1014. Prescribed time to give council other documents The prescribed time for the purposes of section 73(1A) of the Act is 7 days after the issue of the occupancy permit or temporary approval. Building Regulations 2006 - SECT 1015 Building surveyor to notify chief officer of issue of certificates of final inspection 1015. Building surveyor to notify chief officer of issue of certificates of final inspection (1) If a certificate of final inspection is issued for building work in respect of which there is a requirement under these Regulations or any previous corresponding regulations that the transmission signal of an alarm be connected to a fire station or other approved monitoring service, the relevant building surveyor must notify the chief officer within 10 days after the issue of the certificate that- (a) the certificate has been issued; and (b) the required connection has been made. (2) If a certificate of final inspection is issued for building work for which an occupancy permit is not required and the chief officer was a reporting authority in respect of the application for the relevant building permit, the relevant building surveyor must notify the chief officer within 10 days after the issue of the certificate that the certificate has been issued. __________________ Building Regulations 2006 - PART 11 PART 11 PLACES OF PUBLIC ENTERTAINMENT Building Regulations 2006 - SECT 1101 Application 1101. Application This Part applies to any place of public entertainment. Building Regulations 2006 - SECT 1102 Prescribed classes 1102. Prescribed classes For the purposes of the definition of place of public entertainment in section 3 of the Act- (a) Class 9b buildings having an area greater than 500m2 and prescribed temporary structures are prescribed classes of buildings; and (b) places having an area greater than 500m2 are a prescribed class of places. Building Regulations 2006 - SECT 1103 Occupancy permit applications for prescribed places of public entertainment made to Commission 1103. Occupancy permit applications for prescribed places of public entertainment made to Commission The prescribed places of public entertainment for the purposes of section 53(2) of the Act are the sportsgrounds and spectator stands known as- (a) Kardinia Oval, Kardinia Park, Geelong; (b) Melbourne Cricket Ground, Yarra Park, East Melbourne. Building Regulations 2006 - SECT 1104 Prescribed temporary structures 1104. Prescribed temporary structures For the purposes of the definition of prescribed temporary structure in section 3 of the Act, the following are prescribed classes of temporary structures, if those structures do not form part of, any other building other than a temporary structure or temporary building- (a) tents, marquees or booths with a floor area greater than 100m2; (b) seating stands for more than 20 persons; (c) stages or platforms (including sky borders and stage wings) exceeding 150m2 in floor area; (d) prefabricated buildings exceeding 100m2 other than ones placed directly on the ground surface. Building Regulations 2006 - SECT 1105 Conditions of use 1105. Conditions of use Without limiting the conditions that are required under these Regulations or which can be included on an occupancy permit, an occupancy permit for a place of public entertainment may be issued subject to conditions relating to- (a) the engagement of safety officers to be in attendance at the place of public entertainment to provide for the safety of the public; (b) the safety training qualifications to be held by any person engaged as a safety officer as required by the chief officer or the Commission; (c) the responsibilities of the safety officer which include- (i) the operation of fire safety elements, equipment and systems; (ii) the establishment and operation of evacuation procedures; (iii) the safety of barriers and exits; (iv) the control of the use of naked flame in theatrical productions; (d) the exclusion of the public from unsafe areas; (e) the keeping, testing and storage of flammable material or explosive items and equipment in a safe manner, to the extent that this is not required by any other Act or regulations; (f) the ignition of fireworks and the discharge of pistols or other shooting devices in a safe and responsible manner, to the extent that this is not required by any other Act or regulations; (g) the location and designation of passageways and exits; (h) the availability of public toilet facilities and the condition of those facilities. Building Regulations 2006 - SECT 1106 Structural design of structures 1106. Structural design of structures Prescribed temporary structures must be designed in accordance with engineering principles to provide for their structural safety and the safety of the public and other persons using them. __________________ Building Regulations 2006 - PART 12 PART 12 MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT Division 1-Maintenance of essential safety measures Subdivision 1-Maintenance of essential safety measures in buildings and places of public entertainment Building Regulations 2006 - SECT 1201 Application of this Subdivision 1201. Application of this Subdivision (1) Subject to subregulation (2), this Subdivision applies to- (a) a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building; and (b) a Class 4 part of a building; and (c) a place of public entertainment. (2) This Subdivision does not apply to a smoke alarm installed in a sole-occupancy unit in a Class 1b or 2 building or a Class 4 part of a building. Building Regulations 2006 - SECT 1202 Definitions 1202. Definitions In this Subdivision- essential safety measure means- (a) any of the following items required by or under the Act or these Regulations to be provided in relation to a building or a place of public entertainment- (i) an item listed in Tables I1.1 to I1.11 of Volume One of the BCA, except the item in Table I1.4 relating to artificial lighting; (ii) an item listed in clause I1.2 of Volume One of the BCA; or (b) any other item that is required by or under the Act or these Regulations to be provided in relation to a building or place of public entertainment for the safety of persons in the event of fire and that is designated by the relevant building surveyor as an essential safety measure; or (c) any other item that is an essential safety measure within the meaning of Division 1 of Part 12 of the Building (Interim) Regulations 2005 as in force before their revocation; maintenance determination means a determination made by a relevant building surveyor under- (a) regulation 1204; or (b) regulation 1204 of the Building (Interim) Regulations 2005 as in force before their revocation; or (c) regulation 11.4 of the Building Regulations 1994 as in force before their revocation; maintenance schedule in relation to a building or a place of public entertainment means a maintenance schedule prepared by a municipal building surveyor or a private building surveyor under regulation 1206 as updated from time to time under that regulation. Building Regulations 2006 - SECT 1203 Maintenance requirements for essential safety measures when occupancy permit required 1203. Maintenance requirements for essential safety measures when occupancy permit required (1) An occupancy permit issued in respect of a building or place of public entertainment must include a condition which- (a) lists all the essential safety measures pertaining to that building or place of public entertainment; and (b) specifies for each essential safety measure listed, the level of performance determined by the relevant building surveyor to enable the essential safety measure to fulfil its purpose. (2) In determining the level of performance of an essential safety measure, the relevant building surveyor must specify the provision of the building regulations with which the installation and operation of the essential safety measure is to comply and the frequency and type of maintenance required. (3) In this regulation provision of the building regulations has the same meaning as in section 160 of the Act. Building Regulations 2006 - SECT 1204 Maintenance requirements of essential safety measures in other circumstances 1204. Maintenance requirements of essential safety measures in other circumstances (1) If an essential safety measure is provided in a building or place of public entertainment as a consequence of an emergency order or a building order or the carrying out of building work where an occupancy permit is not required to be issued the relevant building surveyor must determine- (a) the level of performance required to enable the essential safety measure to fulfil its purpose; and (b) the frequency and type of maintenance required. (2) A determination under subregulation (1) must- (a) be in writing; and (b) be given to the owner of the building or place of public entertainment without delay after it is made. Building Regulations 2006 - SECT 1205 Owner must comply with maintenance determination 1205. Owner must comply with maintenance determination The owner of a building or place of public entertainment must comply with a maintenance determination in relation to that building or place. Penalty: 10 penalty units. Building Regulations 2006 - SECT 1206 Building surveyor may create or update a maintenance schedule 1206. Building surveyor may create or update a maintenance schedule (1) A municipal building surveyor or a private building surveyor may, on the application of the owner of a building or place of public entertainment, create a consolidated list of essential safety measures and the maintenance requirements relating to those essential safety measures- (a) that are the subject of a condition imposed on an occupancy permit issued in respect of the building or place under- (i) regulation 1203(1); or (ii) regulation 1203(1) of the Building (Interim) Regulations 2005 as in force before their revocation; or (iii) regulation 11.3(1) of the Building Regulations 1994 as in force before their revocation; or (b) that are the subject of a maintenance determination in respect of the building or place. (2) In creating a maintenance schedule for the first time in respect of a building or a place of public entertainment, a municipal building surveyor or a private building surveyor must ensure that- (a) any essential safety measure referred to under subregulation (1) that exists in the building or place of public entertainment at the time of creation of the schedule is listed in the schedule along with any maintenance requirement that relates to it; and (b) the essential safety measures and related maintenance requirements are listed in chronological order in the schedule according to the date of the issue of the occupancy permit or the date of making of the maintenance determination that relates to each of those essential safety measures. (3) A municipal building surveyor or a private building surveyor may, on the application of the owner of a building or place of public entertainment, update a maintenance schedule prepared in respect of the building or place by adding any additional essential safety measures and related maintenance requirements required to be provided in relation to the building or place after the date of the creation of the schedule. (4) Any additional essential safety measures added to a maintenance schedule under subregulation (3) must be listed in chronological order in the schedule according to the date of issue of the relevant occupancy permit or the date of making of the maintenance determination (as the case may be). Building Regulations 2006 - SECT 1207 Maintenance schedule and maintenance determination to be available for inspection 1207. Maintenance schedule and maintenance determination to be available for inspection An owner of a building or place of public entertainment must ensure that a copy of any current maintenance schedule prepared in respect of the building or place, and any current maintenance determination made in respect of the building or place relating to an essential safety measure that is not listed in a maintenance schedule, is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request after 24 hours notice. Penalty: 10 penalty units. Building Regulations 2006 - SECT 1208 Owner must prepare annual report 1208. Owner must prepare annual report (1) An owner of a building or place of public entertainment, in respect of which a condition on an occupancy permit lists an essential safety measure or a maintenance determination has been made, must ensure that an annual essential safety measures report is prepared in accordance with regulation 1209 before each anniversary of the relevant anniversary date. Penalty: 10 penalty units. (2) In this regulation relevant anniversary date means- (a) the date of issue of the occupancy permit or the date of making of the maintenance determination; or (b) if more than one occupancy permit or maintenance determination or both is issued or made, the earliest date of issue or making of those documents. Note Regulation 2001 deems an annual essential safety measures report prepared in accordance with regulation 1209 of the Building (Interim) Regulations 2005 before 13 June 2006 to be an annual essential safety measures report prepared in accordance with this regulation. Building Regulations 2006 - SECT 1209 Contents and form of annual report 1209. Contents and form of annual report The annual essential safety measures report for the purposes of regulation 1208 must- (a) be in a form approved by the Commission; and (b) be signed by the owner or an agent of the owner; and (c) specify the address of the building or place of public entertainment that it relates to; and (d) include the details of any inspection report made under section 227E of the Act in respect of each essential safety measure; and (e) include a statement that the owner or an agent of the owner has taken all reasonable steps to ensure that- (i) each essential safety measure is operating at the required level of performance and has been maintained in accordance with the relevant occupancy permit or maintenance determination and will fulfil its purpose; and (ii) since the last annual essential safety measures report, there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building or place, other than those for which a building permit has been issued; and (iii) since the last annual essential safety measures report, there have been no changes to materials or assemblies that must comply with particular fire hazard properties, other than those for which a building permit has been issued; and (iv) the information contained in the report is correct. Building Regulations 2006 - SECT 1210 Annual reports may be combined 1210. Annual reports may be combined If an annual essential safety measures report is required under regulation 1208 and under regulation 1214 in relation to the same building or place of public entertainment, the reports may be combined into one consolidated report. Building Regulations 2006 - SECT 1211 Annual reports and records to be made available 1211. Annual reports and records to be made available An owner of a building or place of public entertainment must ensure that any annual essential safety measures report required to be prepared under regulation 1208 and records of all maintenance checks and any service or repair work carried out to any essential safety measure are available at the building or place for inspection by the municipal building surveyor or chief officer at any time on request after 24 hours notice. Penalty: 10 penalty units. Subdivision 2-Maintenance of essential safety measures in buildings and places of public entertainment constructed before 1 July 1994 Building Regulations 2006 - SECT 1212 Application of Subdivision 1212. Application of Subdivision This Subdivision applies to all Class 1b, 2, 3, 5, 6, 7, 8 and 9 buildings and places of public entertainment constructed before 1 July 1994. Building Regulations 2006 - SECT 1213 Definition of essential safety measure in this Subdivision 1213. Definition of essential safety measure in this Subdivision In this Subdivision, essential safety measure means any measure (including an item of equipment, form of construction or safety strategy) required for the safety of persons using a building or place of public entertainment. Building Regulations 2006 - SECT 1214 Owner of building or place constructed before 1 July 1994 must prepare annual report 1214. Owner of building or place constructed before 1 July 1994 must prepare annual report (1) An owner of a building or place of public entertainment must ensure that an annual essential safety measures report is prepared in accordance with regulation 1215 in respect of any essential safety measure required to be provided in relation to that building or place under the Act or these Regulations or any corresponding previous Act or regulations- (a) in the case of the first report, before 13 June 2009; and (b) in the case of each subsequent report, before each anniversary of 13 June 2009. Penalty: 10 penalty units. (2) Subregulation (1) does not apply to any essential safety measure in respect of which an annual report is required to be prepared under Subdivision 1 of this Division. Building Regulations 2006 - SECT 1215 Contents and form of annual report for building or place constructed before 1 July 1994 1215. Contents and form of annual report for building or place constructed before 1 July 1994 The annual essential safety measures report for the purposes of regulation 1214 must- (a) be in a form approved by the Commission; and (b) be signed by the owner or an agent of the owner; and (c) specify the address of the building or place of public entertainment that it relates to; and (d) include the details of any inspection report made under section 227E of the Act in respect of each essential safety measure; and (e) include a statement that the owner or an agent of the owner has taken all reasonable steps to ensure that each essential safety measure- (i) is operating and has been maintained in a state that enables the essential safety measure to fulfil its purpose; and (ii) since the last annual essential safety measures report, there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building or place, other than those for which a building permit has been issued; and (iii) since the last annual essential safety measures report, there have been no changes to materials or assemblies that must comply with particular fire hazard properties, other than those for which a building permit has been issued; and (iv) the information contained in the report is correct. Building Regulations 2006 - SECT 1216 Annual reports and records to be made available by owners of buildings constructed before 1 July 1994 1216. Annual reports and records to be made available by owners of buildings constructed before 1 July 1994 (1) An owner of a building or place of public entertainment must ensure that any annual essential safety measures report required to be prepared under regulation 1214 and records of all maintenance checks and any service or repair work carried out to any essential safety measure are available at the building or place for inspection by the municipal building surveyor or chief officer at any time on request after 24 hours notice. Penalty: 10 penalty units. (2) Subregulation (1) does not apply until 13 June 2009. Building Regulations 2006 - SECT 1217 Maintenance responsibility of owner of building or place constructed before 1 July 1994 1217. Maintenance responsibility of owner of building or place constructed before 1 July 1994 The owner of a building or place of public entertainment must ensure that any essential safety measure required to be provided in relation to that building or place under the Act or these Regulations or any corresponding previous Act or regulations- (a) is maintained in a state which enables the essential safety measure to fulfil its purpose; and (b) is not removed from its approved location except- (i) for the purpose of maintenance; or (ii) in accordance with these Regulations. Penalty: 10 penalty units. Subdivision 3-Maintenance of exits and paths of travel relating to buildings or places of public entertainment Building Regulations 2006 - SECT 1218 Maintenance of exits by occupiers of buildings or places of public entertainment 1218. Maintenance of exits by occupiers of buildings or places of public entertainment The occupier of a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building or a place of public entertainment must ensure that- (a) all exits; and (b) any paths of travel to exits; and (c) any paths of travel on the allotment from exits to a road- required to be provided in relation to that building or place are maintained in an efficient condition and kept readily accessible, functional and clear of obstruction so that egress from the building or place is maintained. Penalty: 10 penalty units. Division 2-Swimming pool and spa maintenance and operation Building Regulations 2006 - SECT 1219 Application of this Division 1219. Application of this Division This Division applies to a swimming pool or spa that is appurtenant to a Class 1, 2, 3 or 10 building or a Class 4 part of a building. Building Regulations 2006 - SECT 1220 Swimming pool and spa maintenance and operation 1220. Swimming pool and spa maintenance and operation (1) The occupier of an allotment or building containing a swimming pool or spa must take all reasonable steps to ensure that any fence or other barrier, door, gate, lock, latch, catch, bolt or fly screen restricting access to the swimming pool or spa is maintained and operating effectively at all times. Penalty: 50 penalty units. (2) The occupier of an allotment or building containing a swimming pool or spa must take all reasonable steps to ensure that any gate or door forming part of a swimming pool or spa barrier or fence that provides access to the swimming pool or spa is in the closed position except when a person is in the act of entering or leaving the part of the allotment or building containing the swimming pool or spa. Penalty: 50 penalty units. (3) A person who enters or leaves the part of an allotment or building containing a swimming pool or spa must ensure that any gate or door forming part of the swimming pool or spa barrier or fence that provides access to the swimming pool or spa is in the closed position at all times, except when that person or another person is in the act of entering or leaving that part of the allotment or building. Penalty: 50 penalty units. __________________ Building Regulations 2006 - PART 13 PART 13 COOLING TOWER SYSTEMS Building Regulations 2006 - SECT 1301 Application to register or renew registration 1301. Application to register or renew registration For the purposes of Part 5A of the Act, an application to register, or to renew the registration of, a cooling tower system must include the following details in addition to any other requirements imposed by the Act- (a) the address of the land on which the cooling tower system is located; (b) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located; (c) the number of cooling tower systems on the land; (d) the number of cooling towers in each cooling tower system; (e) in respect of each cooling tower system- (i) the location of the system; (ii) the type of system; (iii) whether drift eliminators have been fitted to each cooling tower in the system and whether automated biocide dosing devices and automated bleed-off devices have been fitted to the system; (iv) the purpose of the system; (v) the area served by the system; (vi) the type of business served by the system; (vii) the name and telephone number of the owner of the system (if different from the owner of the land); (viii) the name and telephone number of the person who is responsible for the day to day operation of the system. Building Regulations 2006 - SECT 1302 Registration and renewal fees 1302. Registration and renewal fees (1) The fee required to be submitted with an application for the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system for which registration is sought by $113.30. (2) The fee required to be submitted with an application for the renewal of the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system for which the renewal of registration is sought by $87.55. Building Regulations 2006 - SECT 1303 Notification of alterations to cooling tower system 1303. Notification of alterations to cooling tower system For the purposes of section 75DF of the Act, a notification under section 75DF(1) must be in writing and must contain the following details- (a) in the case of a notification under section 75DF(1)(a)- (i) the location of the cooling tower system affected; (ii) the type of cooling tower system; (iii) whether a cooling tower has been added to, or removed from, the system; (iv) the date that the addition or removal occurred; (b) in the case of a notification under section 75DF(1)(b)- (i) the location of the cooling tower system; (ii) whether it has been removed or permanently decommissioned; (iii) the date on which the cooling tower system was removed or permanently decommissioned; (c) in the case of a notification under section 75DF(1)(c)- (i) the type of cooling tower system that has been relocated; (ii) the location from which the cooling tower system has been relocated; (iii) the new location of the cooling tower system; (iv) whether the cooling tower system is connected to any other cooling tower system; (v) whether drift eliminators have been fitted to each cooling tower in the cooling tower system and whether automated biocide dosing devices or automated bleed-off devices have been fitted to the cooling tower system; (vi) the purpose of the cooling tower system; (vii) the date on which the relocation occurred. Building Regulations 2006 - SECT 1304 Information to be included in the register 1304. Information to be included in the register For the purposes of section 75DH of the Act, the following information is to be included in the register in addition to the other matters specified in the Act- (a) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located; (b) the number of cooling tower systems on the land; (c) the number of cooling towers in each cooling tower system; (d) whether drift eliminators have been fitted to each cooling tower in the cooling tower system and whether automated biocide dosing devices and automated bleed-off devices have been fitted to the cooling tower system; (e) the purpose of the cooling tower system; (f) the area served by the cooling tower system. __________________ Building Regulations 2006 - PART 14 PART 14 BUILDING PRODUCT ACCREDITATION Division 1-General Building Regulations 2006 - SECT 1401 Definitions 1401. Definitions In this Part- building product includes construction method, design component or system connected with building work; Committee means the Building Regulations Advisory Committee. Building Regulations 2006 - SECT 1402 Prescribed body to accredit products 1402. Prescribed body to accredit products For the purposes of sections 14 and 15 of the Act the Australian Building Codes Board is a prescribed body. Division 2-Accreditation by Committee Building Regulations 2006 - SECT 1403 Application of Division 1403. Application of Division This Division does not apply to a building product that complies with the relevant deemed-to-satisfy provisions of the BCA. Building Regulations 2006 - SECT 1404 Application for accreditation 1404. Application for accreditation (1) A person may apply to the Committee to have a building product accredited under this Division. (2) The application must be accompanied by- (a) the prescribed fee; and (b) if required by the Committee either or both of the following- (i) an appraisal of the building product from an organisation or person that is recognised by the Committee as competent to make the appraisal; (ii) a test report from a Registered Testing Authority. Building Regulations 2006 - SECT 1405 Accreditation fees 1405. Accreditation fees (1) The fee for accreditation of a building product under this Division is $1631.00. (2) All fees paid under this Division must be paid into the Building Administration Fund. Building Regulations 2006 - SECT 1406 Certificate of accreditation 1406. Certificate of accreditation If the Committee accredits a building product under this Division, the Commission must issue a certificate of accreditation to the applicant. Building Regulations 2006 - SECT 1407 Registration of accredited products 1407. Registration of accredited products The Commission must- (a) keep a register of all building products accredited under this Division; and (b) cause to be published in the Government Gazette notice of- (i) any accreditation of a building product under this Division; and (ii) any revocation of an accreditation under this Division. Building Regulations 2006 - SECT 1408 Revocation of accreditation 1408. Revocation of accreditation (1) The Committee may at any time revoke an accreditation under this Division if it finds that- (a) the accreditation has been obtained by fraud, misrepresentation or concealment of facts; or (b) the standard of the building product which is the subject of the accreditation- (i) is unsatisfactory; or (ii) differs or fails to comply with the standard of that building product as at the time the accreditation was granted; or (c) the regulation in relation to which the building product was accredited has been revoked. (2) If the Committee determines to revoke an accreditation the Commission must notify the holder of the certificate in writing of the decision of the Committee. Building Regulations 2006 - SECT 1409 Records CT 1409. Records The Commission must keep all documents considered by the Committee in relation to an accreditation under this Division until the accreditation is revoked. Building Regulations 2006 - SECT 1410 Information in application to remain confidential 1410. Information in application to remain confidential (1) The information contained in any application for accreditation must be regarded as confidential and must not be wilfully disclosed (except in pursuance of this Division) by any member of the Committee or any person employed to assist the Committee unless disclosure is authorised in writing by the person who made the application. (2) Any person who fails to comply with subregulation (1) is guilty of an offence and liable to a penalty not exceeding 10 penalty units. Building Regulations 2006 - SECT 1411 Offence to falsely claim product accredited 1411. Offence to falsely claim product accredited A person or body must not knowingly claim that a building product is accredited under this Division if a current certificate of accreditation has not been issued for that building product. Penalty: 10 penalty units. __________________ Building Regulations 2006 - PART 15 PART 15 BUILDING PRACTITIONERS Building Regulations 2006 - SECT 1501 Definition 1501. Definition In this Part- Board means the Building Practitioners Board. Building Regulations 2006 - SECT 1502 Professional standards 1502. Professional standards A registered building practitioner must- (a) perform his or her work as a building practitioner in a competent manner and to a professional standard; and (b) immediately inform the client in writing if a conflict of interest arises or appears likely to arise between his or her interest as a building practitioner and that of his or her client; and (c) receive remuneration for his or her services as a building practitioner solely by the professional fee or other benefits specified in the contract of engagement or by the salary and other benefits payable by the building practitioner's employer. Note A building practitioner who contravenes the requirements of regulation 1502 may be the subject of an inquiry under section 179 of the Act. Building Regulations 2006 - SECT 1503 Prescribed qualifications and classes 1503. Prescribed qualifications and classes For the purposes of registration under section 170 of the Act, the prescribed qualifications for registration of a category and a prescribed class of building practitioner set out in column 2 of the Table in Schedule 7 are the relevant qualifications set out in column 3 of the Table in Schedule 7 for that category and class. Note Under section 170(1)(b)(ii) of the Act the Board may accept equivalent qualifications and experience to those listed in the Table in Schedule 7. Building Regulations 2006 - SECT 1504 Period for which private building surveyor may not act ECT 1504. Period for which private building surveyor may not act The prescribed period for the purposes of section 79(1)(b) of the Act is 1 year. Building Regulations 2006 - SECT 1505 Certificates of compliance-proposed building work 1505. Certificates of compliance-proposed building work The prescribed classes of proposed building work and the prescribed categories and classes of practitioners in respect of proposed building work for the purpose of section 238(1)(a) of the Act are as follows- (a) for a certificate relating to the design or part of the design of building work relating to a structural, sewerage, water or drainage matter-category of engineer, class of civil engineer; (b) for a certificate relating to the design or part of the design of building work relating to a mechanical matter including hydraulic services within a building-category of engineer, class of mechanical engineer; (c) for a certificate relating to the design or part of the design of building work relating to an electrical matter-category of engineer, class of electrical engineer; (d) for a certificate relating to the design or part of the design of building work relating to a fire safety matter-category of engineer, class of fire safety engineer; (e) for a certificate relating to the design or part of the design of any of the above classes of building work-category of building surveyor. Building Regulations 2006 - SECT 1506 Certificates of compliance-building work 1506. Certificates of compliance-building work The prescribed classes of building work and the prescribed categories and classes of practitioners in respect of building work for the purpose of section 238(1)(b) of the Act are as follows- (a) for a certificate relating to the inspection of domestic building work relating to a structural, sewerage, water or drainage matter-category of engineer, class of civil engineer; (b) for a certificate relating to the inspection of domestic building work relating to a mechanical matter including hydraulic services within a building-category of engineer, class of mechanical engineer; (c) for a certificate relating to the inspection of domestic building work relating to an electrical matter-category of engineer, class of electrical engineer; (d) for a certificate relating to the inspection of domestic building work relating to a fire safety matter-category of engineer, class of fire safety engineer; (e) for a certificate relating to the inspection of domestic building work-category of building surveyor or building inspector; (f) for a certificate relating to the erection of a prescribed temporary structure-category of building surveyor or building inspector or category of engineer, class of civil engineer or category of erector or supervisor (temporary structures) in the appropriate class. Building Regulations 2006 - SECT 1507 Forms of certificates of compliance 1507. Forms of certificates of compliance A certificate under section 238 of the Act may be in a form approved by the Commission and published from time to time in the Government Gazette. Building Regulations 2006 - SECT 1508 Duplicate certificate fee 1508. Duplicate certificate fee For the purposes of section 172(7) of the Act, the prescribed fee for a duplicate building practitioner's certificate is $32.60. Building Regulations 2006 - SECT 1509 Prescribed information as to character of applicant for registration 1509. Prescribed information as to character of applicant for registration For the purposes of section 169(2)(ca) of the Act, the prescribed information relating to character to be provided with an application for registration as a building practitioner is whether- (a) the applicant has within the last 10 years as an adult or the last 5 years as a child, been convicted or found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence involving fraud, dishonesty, drug trafficking or violence; or (b) the applicant has ever been insolvent under administration; or (c) any licence, permit, registration or other authority enabling the applicant to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory has ever been cancelled or suspended; or (d) the applicant has ever been disqualified from holding, or been refused a licence, permit, registration or other authority enabling the applicant to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory; or (e) the applicant has been fined, reprimanded or cautioned for any breach of an Act, regulations, rules, professional conduct or code of ethics, in relation to working as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory; or (f) any insurer has ever declined, cancelled, or imposed special conditions in relation to the provision of professional indemnity insurance, public liability insurance, or any other indemnity insurance in respect of the applicant working as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory. Building Regulations 2006 - SECT 1510 Notice of suspension 1510. Notice of suspension For the purposes of section 178(6) of the Act, a notice of suspension of registration must be in the form of Form 7A. Building Regulations 2006 - SECT 1511 Notice of suspension or cancellation 1511. Notice of suspension or cancellation For the proposes of section 182(4) of the Act, a notice of cancellation or suspension of registration must be in the form of Form 8. __________________ Building Regulations 2006 - PART 16 PART 16 BUILDING APPEALS BOARD Building Regulations 2006 - SECT 1601 Appeal periods 1601. Appeal periods For the purposes of section 146 of the Act, the prescribed appeal period is- (a) 14 days for an appeal by a prescribed reporting authority under section 138(5) of the Act; or (b) 14 days for an appeal against a determination by the relevant building surveyor under section 87 of the Act; or (c) 60 days for an appeal under section 143 of the Act against a decision of the Building Practitioners Board; or (d) 30 days in any other case. Building Regulations 2006 - SECT 1602 Building Appeals Board fees 1602. Building Appeals Board fees The fees for lodging an appeal, referral, application or request to the Building Appeals Board are as follows- (a) in the case of an appeal under section 138, 140 or 142 or a referral under section 156, 157 or 158 of the Act- (i) $271.80 in any matter relating to a Class 1 or 10 building; and (ii) $543.70 in any matter relating to a building other than a Class 1 or 10 building; (b) in the case of an appeal under section 139, 144 or 144A, a referral under section 150 or an application under section 164 of the Act- (i) $163.10 in any matter relating to a Class 1 or 10 building; (ii) $271.80 in any matter relating to a building other than a Class 1 or 10 building; (c) in the case of an appeal under section 141, a referral under section 151, 152, 153, 154 or 155 or an application under section 159 of the Act- (i) $271.80 in any matter relating to a Class 1 or 10 building; (ii) $543.70 in any matter relating to a building other than a Class 1 or 10 building; (d) in the case of an appeal under section 143(1) of the Act that relates to a decision of the Building Practitioners Board under Division 1 of Part 11 of the Act or an appeal under section 143(1A) of the Act, $271.80; (e) in the case of an appeal under section 143(1) of the Act that relates to a decision of the Building Practitioners Board under Division 2 of Part 11 of the Act or an appeal under section 143(2) or 143(3) of the Act, $543.70; (f) in the case of a request under section 147 of the Act, $435.00; (g) in the case of an application under section 160 of the Act- (i) $97.85 in any matter relating to a Class 1 or 10 building; and (ii) $217.50 in any matter relating to a building other than a Class 1 or 10 building; (h) in the case of an application under section 160A of the Act, $217.50. Building Regulations 2006 - SECT 1603 Additional fees 1603. Additional fees In addition to the fees required by regulation 1602- (a) in the case of a request made under section 147 of the Act the additional prescribed fee for the purposes of section 147(3)(b) of the Act is $174.00 per hour; and (b) in the case of any matter where an inspection of the site is made by a member or members of the Building Appeals Board hearing the matter, an additional fee of $174.00 per hour may, at the discretion of the Board, be required from the person requesting the matter to be heard. Building Regulations 2006 - SECT 1604 Fees to be refunded 1604. Fees to be refunded (1) Fees paid to the Building Appeals Board in respect of a request under section 147 of the Act must be refunded from the Building Administration Fund if the request is refused. (2) The Commissioner may refund from the Building Administration Fund, in whole or in part, any other fee paid to the Building Appeals Board if the appeal, request, application or referral is not proceeded with. __________________ Building Regulations 2006 - PART 17 PART 17 INFRINGEMENT NOTICES Building Regulations 2006 - SECT 1701 Application 1701. Application This Part applies to all buildings and places of public entertainment whenever constructed. Building Regulations 2006 - SECT 1702 Authorised officers 1702. Authorised officers The office or class of officers for the purposes of the definition of authorised officer in section 254 of the Act are- (a) the Commissioner, for offences against regulations 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and (b) the chief officer, for offences against regulations 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and (c) the municipal building surveyor, for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218. Building Regulations 2006 - SECT 1703 Prescribed offences 1703. Prescribed offences The prescribed offences for the purposes of the definition of prescribed offence in section 254 of the Act are, offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218. * * * * * Building Regulations 2006 - SECT 1705 Prescribed penalties 1705. Prescribed penalties The prescribed penalty for the purposes of section 255(3) of the Act is- (a) 5 penalty units in the case of a place of public entertainment; and (b) 2 penalty units in any other case. * * * * * __________________ Building Regulations 2006 - PART 18 PART 18 EXEMPTIONS Division 1-Exemptions for certain buildings and building work Building Regulations 2006 - SECT 1801 Exemptions from permits 1801. Exemptions from permits A building permit and occupancy permit are not required under the Act for the buildings and building work specified in column 2 of the Table in Schedule 8. Building Regulations 2006 - SECT 1802 Exemptions from building regulations 1802. Exemptions from building regulations The buildings and building work specified in column 2 of the Table in Schedule 8 are exempt from the regulations specified in relation to them in column 3 of that Table. Building Regulations 2006 - SECT 1803 Exemption from permit for temporary structures 1803. Exemption from permit for temporary structures A building permit is not required under the Act for prescribed temporary structures described in regulation 1104 and those structures are also exempt from all Parts of these Regulations except regulations 1105 and 1106. Note If a prescribed temporary structure is used for the purpose of providing public entertainment it must have an occupancy permit under Division 2 of Part 5 of the Act and meet the requirements of the Commission under that permit. Building Regulations 2006 - SECT 1804 Exemption for farm buildings 1804. Exemption for farm buildings (1) The relevant council may exempt a Class 10 building that is to be constructed on farm land and used for farming purposes from all or any of the requirements of these Regulations. (2) If the relevant council grants an exemption from all of these Regulations under subregulation (1), a building permit and certificate of final inspection under the Act are not required for that building. Division 2-Exemptions in relation to certain buildings $$A Building Regulations 2006 - SECT 1805 Exemptions relating to building surveyors 1805. Exemptions relating to building surveyors Sections 23, 30, 47 and 73 of the Act do not apply to a relevant building surveyor in respect of the following classes of buildings- (a) premises that are used or intended to be used for the provision of residential accommodation by- (i) a community service established under section 57 of the Children and Young Persons Act 1989; or (ii) a community service approved under section 58 of that Act and that are situated on Crown land or land in relation to which the Secretary to the Department of Human Services or the Director of Housing is registered as proprietor; (b) premises that are used or intended to be used as- (i) a remand centre within the meaning of the Children and Young Persons Act 1989; or (ii) a secure welfare service within the meaning of that Act; or (iii) a youth residential centre within the meaning of that Act; or (iv) a youth training centre within the meaning of that Act; (c) premises that are used or intended to be used as- (i) a prison established under section 10 of the Corrections Act 1986; or (ii) a community corrections centre established under Part 9 of that Act; (d) premises that are used or intended to be used as- (i) a residential institution within the meaning of the Intellectually Disabled Persons' Services Act 1986; or (ii) a residential program within the meaning of that Act; (e) premises that are used or intended to be used for the provision of residential accommodation by a registered residential service within the meaning of the Intellectually Disabled Persons' Services Act 1986; (f) premises that are used or intended to be used as a courthouse by a court; (g) premises that are used or intended to be used as a police station; (h) premises that are used or intended to be used- (i) as an approved mental health service within the meaning of the Mental Health Act 1986; or (ii) to provide residential services and 24 hour nursing care for people with a mental disorder within the meaning of that Act and operated with funding provided by the Secretary to the Department of Human Services for that purpose; (i) premises that are used or intended to be used as a youth refuge or a women's refuge operated with funding provided by the Secretary to the Department of Human Services for the purpose of providing a refuge. Building Regulations 2006 - SECT 1806 Exemption from permit application fees 1806. Exemption from permit application fees Clause 1(d) of Schedule 2 to the Act does not apply to an applicant for a building permit in respect of any class of building referred to in regulation 1805. Division 3-Exemptions relating to builders of multi-storey residential buildings Building Regulations 2006 - SECT 1807 Definitions 1807. Definitions In this Division- carry out in relation to building work, includes manage or arrange the carrying out of building work; multi-storey residential building means a building- (a) that has a rise in storeys of more than 3; and (b) that contains 2 or more separate dwellings; storey does not include a space within a building if the space contains only accommodation intended only for vehicles. Building Regulations 2006 - SECT 1808 Exemption from required insurance for builder 1808. Exemption from required insurance for builder (1) Subject to subregulation (3), a builder who carries out domestic building work or proposes to carry out domestic building work under a major domestic building contract for the construction of a multi-storey residential building is exempt from compliance with section 136(2) of the Act in respect of the carrying out of domestic building work for the construction of that building. (2) Subject to subregulation (3), a builder is exempt from any requirement under Part 9 of the Act to be covered by the required insurance in respect of the carrying out of domestic building work under a major domestic building contract where the work is for the construction of a multi-storey residential building. (3) Nothing in this regulation exempts a builder from a requirement under section 136(2) of the Act or Part 9 of the Act to be covered by insurance in accordance with the Building Practitioners' Insurance Ministerial Order made under section 135 of the Act on 4 May 2005 and published in Special Government Gazette No. S 91 on 12 May 2005 and taking effect on 14 June 2005 as that Order is in force from time to time. (4) This regulation applies to major domestic building contracts entered into on or after 10 April 2002. Building Regulations 2006 - SECT 1809 Exemptions from required insurance for owner-builders 1809. Exemptions from required insurance for owner-builders (1) A person who constructs a multi-storey residential building is exempt from compliance with section 137B(2)(b) of the Act in respect of any contract to sell the building. (2) A person who constructs a multi-storey residential building is exempt from any requirement under Part 9 of the Act to be covered by the required insurance in respect of any contract to sell the building. (3) This regulation applies to contracts of sale entered into on or after 10 April 2002. Division 4-Exemptions from registration for certain building practitioners Building Regulations 2006 - SECT 1810 Domestic builders if work less than $5000 1810. Domestic builders if work less than $5000 (1) A builder who is solely engaged in the business of carrying out domestic building work is not required to be registered as a building practitioner under Part 11 of the Act if the cost of the domestic building work carried out by that person is $5000 or less in each case. (2) This regulation does not apply to a builder who, in relation to a home within the meaning of the Domestic Building Contracts Act 1995, is engaged in the business of- (a) the re-blocking or restumping of a home; or (b) the demolition or removal of a home. Building Regulations 2006 - SECT 1811 Builders of Class 10 buildings 1811. Builders of Class 10 buildings (1) A builder, who is solely engaged in the business of constructing Class 10 buildings, is not required to be registered as a building practitioner under Part 11 of the Act. (2) This regulation does not apply to a builder who is engaged in the business of- (a) constructing Class 10 buildings, where that construction is domestic building work carried out under a major domestic building contract; or (b) the construction of signs or similar Class 10b structures. Building Regulations 2006 - SECT 1812 Builders of masts and similar Class 10b structures 1812. Builders of masts and similar Class 10b structures A builder who is solely engaged in the business of constructing Class 10 buildings which are masts, poles, aerials or similar Class 10b structures is not required to be registered as a building practitioner under Part 11 of the Act. Building Regulations 2006 - SECT 1813 Draftsperson doing certain domestic building work 1813. Draftsperson doing certain domestic building work A draftsperson who is solely engaged in the business of- (a) preparing plans for domestic building work; or (b) preparing documentation relating to permits or permit applications for domestic building work- is not required to be registered as a building practitioner under Part 11 of the Act if the cost of the domestic building work is $5000 or less in each case. Building Regulations 2006 - SECT 1814 Draftsperson doing certain work for engineer 1814. Draftsperson doing certain work for engineer A draftsperson who is solely engaged in the business of- (a) preparing civil, mechanical or electrical plans; or (b) other documentation relating to permits or permit applications- for building practitioners in the category of engineer, is not required to be registered as a building practitioner under Part 11 of the Act. __________________ Building Regulations 2006 - PART 19 PART 19 GENERAL Building Regulations 2006 - SECT 1901 Approved forms 1901. Approved forms (1) The Commission may from time to time approve forms for the purposes of these Regulations. (2) The Commission must publish any approved form in the Government Gazette. __________________ Building Regulations 2006 - PART 20 PART 20 TRANSITIONAL PROVISIONS Building Regulations 2006 - SECT 2001 Annual essential safety measures reports 2001. Annual essential safety measures reports An annual essential safety measures report prepared in accordance with regulation 1209 of the Building (Interim) Regulations 2005 as in force before 13 June 2006 is deemed to be an annual essential safety measures report prepared in accordance with regulation 1208. Building Regulations 2006 - SECT 2002 Registration of building practitioners not affected by revocation of Building (Interim) Regulations 2005 2002. Registration of building practitioners not affected by revocation of Building (Interim) Regulations 2005 The revocation of the Building (Interim) Regulations 2005 does not affect the registration under Part 11 of the Act of any building practitioner who was registered under that Part immediately before that revocation. Building Regulations 2006 - SECT 2003 Transitional provisions-Building Amendment Regulations 2009 2003. Transitional provisions-Building Amendment Regulations 2009 (1) The substitution of the Table in Schedule 7 by regulation 6 of the Building Amendment Regulations 2009 does not affect the registration under Part 11 of the Act of any building practitioner who was registered under that Part immediately before the commencement day. (2) A person who within 3 years before the commencement day had been awarded, or who before the commencement day had commenced study in a course leading to, the qualification for the category or class of building practitioner referred to in item 2, 9 or 20 of the Table in Schedule 7 as in force immediately before that day is taken to hold, or on being awarded that qualification is taken to hold, the appropriate prescribed qualification (as the case requires) for the purposes of section 170(1)(b)(i) of the Act for registration in that category or class of building practitioner. (3) In this regulation commencement day means the day that regulation 6 of the Building Amendment Regulations 2009 comes into operation. __________________ Building Regulations 2006 - SCHEDULE 1 Regulation 104 REVOCATION S.R. No. Title 51/2005 Building (Interim) Regulations 2005 __________________ Building Regulations 2006 - SCHEDULE 1A Regulation 114 MODIFICATION OF PART G5 OF THE BCA PART G5 CONSTRUCTION IN BUSHFIRE PRONE AREAS OBJECTIVE GO5 The Objective of this Part is to- (a) safeguard occupants from injury; and (b) protect buildings, from the effects of a bushfire. Application GO5 only applies to Class 2 and 3 buildings and any associated Class 10a buildings and applies in addition to other provisions of the BCA. FUNCTIONAL STATEMENT GF5.1 A building is to provide a resistance to bushfires in order to reduce the danger to life and minimise the risk of the loss of the building. Application GF5.1 only applies to Class 2 and 3 buildings and any associated Class 10a buildings and applies in addition to other provisions of the BCA. PERFORMANCE REQUIREMENT GP5.1 A building must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes. Application GP5.1 only applies to Class 2 and 3 buildings and any associated Class 10a buildings and applies in addition to other provisions of the BCA. PART G5 CONSTRUCTION IN BUSHFIRE PRONE AREAS Deemed-to-Satisfy Provisions G5.0. Deemed-to-Satisfy Provisions (a) Where a Building Solution is proposed to comply with the Deemed-to-Satisfy Provisions, Performance Requirements GP5.1 is satisfied by complying with G5.1 and G5.2. (b) Where a Building Solution is proposed as an Alternative Solution to the Deemed-to-Satisfy Provisions of G5.1 and G5.2, the relevant Performance Requirements must be determined in accordance with A0.10. G5.1. Application of Part The Deemed-to-Satisfy Provisions of this Part apply to Class 2 and 3 buildings and any associated Class 10a buildings. G5.2. Protection Class 2 and 3 buildings and any associated Class 10a buildings must comply with AS 3959-2009 and for that purpose that Standard applies as if- (a) that Standard required the use of Tables 2.4.2 and 2.4.4 when using the simplified procedure set out in clause 2.2 of that Standard; and (b) a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria. Building Regulations 2006 - SCHEDULE 2 FORMS FORM 1 Regulation 301 Building Act 1993 Building Regulations 2006 APPLICATION FOR A BUILDING PERMIT To (Building surveyor) From Owner*/Agent of owner* * delete if inapplicable Postal address Postcode Address for serving or giving of documents Postcode Indicate if the applicant is a lessee or licensee of Crown land to which this application applies o† † tick if applicable Contact person Telephone Ownership Details (only if agent of owner listed above) Owner Postal address Postcode Contact person Telephone Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Allotment area (for new dwellings only) m2 Land owned by the Crown or a public authority o† † tick if applicable Builder (if known) Name Telephone Postal address Postcode Building practitioners1 and/or architect (a) to be engaged in the building work2 Name Category/Class Registration No. Name Category/Class Registration No. (If a registered domestic builder carrying out domestic building work attach details of the required insurance) (b) who were engaged to prepare documents forming part of the application for this permit3 Name Category/Class Registration No. Name Category/Class Registration No. Nature of building work* Construction of a new building o Demolition of a building o Extension to an existing building o Re-erection of a building o Other o Alterations to an existing building o Removal of a building o Change of use of an existing building o Proposed use of building4 * Tick if applicable or give other description Owner-builder5 (if applicable) I intend to carry out the work as an owner-builder. [Yes/No] Cost of building work Is there a contract for the building work? [Yes/No] If yes, state the contract price $ If no, state the estimated cost of the building work (including the cost of labour and materials) and attach details of the method of estimation $ Stage of building work If application is to permit a stage of the work- Extent of stage Cost of work for this stage $ Signature Signature of owner or agent Date NOTES Note 1: Building practitioner means- (a) a building surveyor; or (b) a building inspector; or (c) a quantity surveyor; or (d) an engineer engaged in the building industry; or (e) a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits and permit applications; or (f) a builder including a domestic builder; or (g) a person who erects or supervises the erection of prescribed temporary structures; or (h) a person responsible for a building project or any stage of a building project and who belongs to a class of people prescribed to be building practitioners- but does not include- (i) an architect; or (j) a person (other than a domestic builder) who does not carry on the business of building. Note 2: Include building practitioners with continuing involvement in the building work. Note 3: Include only building practitioners with no further involvement in the building work. Note 4: The use of the building may also be subject to additional requirements under other legislation such as the Liquor Control Reform Act 1998 and the Dangerous Goods Act 1985. Note 5: If an owner-builder there are restrictions on the sale of the building under section 137B of the Building Act 1993. Section 137B prohibits an owner-builder from selling a building on which domestic building work has been carried out within 61/2 years from the completion of the relevant building work unless they have satisfied certain requirements including obtaining compulsory insurance. The Building Commission maintains a current list of domestic insurance providers. __________________ FORM 2 Regulation 313 Building Act 1993 Building Regulations 2006 BUILDING PERMIT Issued to Owner*/Agent of owner*1 Postal address Postcode Address for serving or giving of documents Postcode Contact person Telephone * Delete if inapplicable Ownership details (only if agent of owner listed above) Owner Postal address Postcode Contact person Telephone Property details (include title details as and if applicable) Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Builder2 Name Telephone Address Postcode Details of building practitioners and architects (a) to be engaged in the building work3 Name Category/Class Registration No. Name Category/Class Registration No. (b) who were engaged to prepare documents forming part of the application for this permit4 Name Category/Class Registration No. Name Category/Class Registration No. Details of domestic building work insurance5 (delete if inapplicable) The issuer or provider of the required insurance policy is (insert name of policy issuer or provider) Details of relevant planning permit (delete if inapplicable) Planning permit No. Date of grant of planning permit Nature of building work *Construction of a new building, extension, alteration, change of use, demolition, removal or re-erection of a building * Circle whichever is applicable Stage of building work permitted Cost of building work $ Total floor area of new building work in m2 Building classification Part of building BCA Classification Part of building BCA Classification Alternative Solution (delete if inapplicable) An Alternative Solution was used to determine compliance with the following Performance Requirements of the BCA that relate to this project: Building Appeals Board determinations (delete if inapplicable) The following determinations of the Building Appeals Board relate to this project: Prescribed reporting authorities (delete if inapplicable) The following bodies are prescribed reporting authorities for the purposes of the application for this permit in relation to the matters set out below: Prescribed reporting authority Matter reported on Regulation Combined allotment statement (delete if inapplicable) A statement has been issued under regulation 502 in relation to the building work that is the subject of this permit. Subdivision of existing building statement (delete if inapplicable) A statement has been issued under regulation 503 in relation to the building work that is the subject of this permit. Inspection requirements The mandatory notification stages are- Occupation or use of building An occupancy permit/certificate of final inspection* is required prior to the occupation or use of this building * Circle whichever is applicable If an occupancy permit is required, the permit is required for the whole/part* of the building in respect of which the building work is carried out. * Circle whichever is applicable Commencement and completion This building work must commence by This building work must be completed by Conditions (delete if inapplicable) This permit is subject to the following conditions- Relevant building surveyor Name Registration No. Business/council name Address Permit No. Date of issue of permit Signature NOTES Note 1: Under regulation 318, an owner of a building or land for which a building permit has been issued must notify the relevant building surveyor within 14 days after any change in the name or address of the owner or of the builder carrying out the building work. The penalty for non-compliance is 10 penalty units. Note 2: Under regulation 317, the person in charge of the carrying out of building work on an allotment must take all reasonable steps to ensure that a copy of this permit and one set of any approved plans, specifications and documents are available for inspection at the allotment while the building work is in progress. The person must also take all reasonable steps to ensure that the registration numbers and contact details of the builder and building surveyor and the number and date of issue of this permit are displayed in a conspicuous position accessible to the public before and during the building work to which this permit applies. Note 3: Include building practitioners with continuing involvement in the building work. Note 4: Include only building practitioners with no further involvement in the building work. Note 5: Domestic builders carrying out domestic building work forming part of this permit (where the contract price for that work is more than $12 000) must be covered by an insurance policy as required under section 135 of the Building Act 1993. __________________ FORM 3 Regulations 602(2), 602(3) Building Act 1993 Building Regulations 2006 PROTECTION WORK NOTICE To Adjoining owner Postal address Postcode Relevant building surveyor Postal address Postcode Contact person Telephone From Owner/agent Postal address Postcode Contact person Telephone In accordance with section 84 of the Building Act 1993, I give notice of my intention to carry out the following building work on my land and request your agreement to the proposed protection work. Details of proposed building work Property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Adjoining property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Details of proposed protection work and program Nature, location, time and duration of protection works: Signature Signature of owner or agent Date NOTE Under section 85 of the Building Act 1993, the adjoining owner must respond to a notice under section 84 of that Act by giving to the owner within 14 days a notice under section 85 of that Act- (a) agreeing to the proposed protection work; or (b) disagreeing with the proposed protection work; or (c) requiring more information. Failure to respond will be taken as agreement to the proposed protection work. In the case of (b) and (c) above, a copy of the notice under section 85 of that Act must also be given to the relevant building surveyor (see Form 4). __________________ FORM 4 Regulations 602(4), 602(5) Building Act 1993 Building Regulations 2006 PROTECTION WORK RESPONSE NOTICE To Owner or agent Postal address Postcode Relevant building surveyor Postal address Postcode From Adjoining owner Postal address Postcode Contact person Telephone Address of property where building work is to be carried out (from Form 3) Number Street/road City/suburb/town Address of my adjoining property Number Street/road City/suburb/town Response In accordance with section 85 of the Building Act 1993, I hereby respond to the notice served on me by the owner under that section and- (a) agree to the proposed protection work o (b) disagree with the proposed protection work for the following reasons o (c) request the following further information o Signature Signature of adjoining owner or agent Date NOTE The notice under section 85 of the Building Act 1993 must be given to the owner or agent within 14 days of being served with a notice under section 84 of that Act and in the case of (b) or (c) must also be given to the relevant building surveyor who must determine the matter under section 87 of the Building Act 1993. __________________ FORM 5 Regulation 1002 Building Act 1993 Building Regulations 2006 APPLICATION FOR OCCUPANCY PERMIT To Relevant building surveyor From Owner or agent Telephone In accordance with section 42 of the Building Act 1993, I hereby apply for an occupancy permit for the building at- Property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Building practitioners and architects who were engaged in the building work1 Name Category/Class Registration No. Name Category/Class Registration No. Use applied for Part of building Intended use BCA Class Part of building Intended use BCA Class Signature of owner or agent Date NOTE Include building practitioners who were involved in the building work and who were not known or not listed at time of completion of application for building permit. __________________ FORM 6 Regulation 1005 Building Act 1993 Building Regulations 2006 OCCUPANCY PERMIT Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Building details* Part of building Permitted use BCA Class Maximum permissible floor live Maximum number of people to be load accommodated Part of building Permitted use BCA Class Maximum permissible floor live Maximum number of people to be load accommodated * Complete this portion only if an occupancy permit is required under Division 1 of Part 5 of the Building Act 1993. Places of Public Entertainment** Place of Public Entertainment Prescribed class of temporary structure Public entertainment to be conducted Period of operation of this permit ** Complete the applicable parts of this portion only if an occupancy permit is required under Division 2 of Part 5 of the Building Act 1993. Alternative Solution (delete if inapplicable) An Alternative Solution was used to determine compliance with the following Performance Requirements of the BCA that relate to this project: (list matters not referenced on the relevant building permit) Building Appeals Board determinations (delete if inapplicable) The following determinations of the Building Appeals Board relate to this project: (list matters not referenced on the relevant building permit) Reporting authorities (delete if inapplicable) The following bodies are reporting authorities for the purposes of the application for this permit in relation to the matters set out below: Reporting authority Matter reported on Regulation Conditions (delete if inapplicable) Occupation is subject to the following conditions- (1) Essential safety measures Essential safety measures must be maintained in accordance with the maintenance requirements set out in the following table- Essential safety measure BCA or other provision to which essential safety measure has been installed and is to operate Frequency and type of maintenance required (2) Other conditions (delete if inapplicable) Approved location for display of occupancy permit (delete if inapplicable) The approved location for display of this permit for the purposes of regulation 1007 is Suitability for occupation The building or place of public entertainment or part of a building or place of public entertainment to which this permit applies is suitable for occupation. Relevant building surveyor Name Registration No. Signature Occupancy Permit No. Date of inspection Date of issue __________________ FORM 7 Regulation 1006 Building Act 1993 Building Regulations 2006 CERTIFICATE OF FINAL INSPECTION Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Description of building work Part of building Permitted use BCA Class Part of building Permitted use BCA Class Alternative Solution (delete if inapplicable) An Alternative Solution was used to determine compliance with the following Performance Requirements of the BCA that relate to this project: (list matters not referenced on the relevant building permit) Building Appeals Board determinations (delete if inapplicable) The following determinations of the Building Appeals Board relate to this project: (list matters not referenced on the relevant building permit) Directions All directions under Part 4 of the Building Act 1993 have been complied with. Relevant building surveyor Name Registration No. Signature Certificate No. Date of inspection Date of issue __________________ FORM 7A Regulation 1510 Building Act 1993 Building Regulations 2006 NOTICE OF SUSPENSION OF REGISTRATION UNDER SECTION 178(6) I [insert name] do hereby give notice that on [insert date] my registration as a building practitioner in the category of [insert registration category] class of [insert registration class] was suspended by the Building Practitioners Board prior to an inquiry. Under section 146(2) of the Building Act 1993, the suspension of my registration became immediately effective on the date of the decision of the Building Practitioners Board. Under section 175 of the Building Act 1993, while suspended I am deemed to not be registered. I have the right to appeal against the Building Practitioners Board decision to suspend my registration prior to an inquiry. The Building Appeals Board can affirm the decision under appeal, quash the decision under appeal, vary the decision under appeal or set aside the decision under appeal and either substitute its own decision or send it back to the Building Practitioners Board for reconsideration. The Building Practitioners Board will undertake an inquiry into my conduct at a date yet to be determined. If, as a result of the inquiry, the Building Practitioners Board confirms my suspension or cancels my registration, I will have a right of appeal against that decision. At the end of the period for making an appeal or if the Building Appeals Board affirms the decision of the Building Practitioners Board, I am required by section 182(4) of the Building Act 1993 to provide you with further notice of the cancellation or suspension of my registration. Signature of building practitioner Date __________________ FORM 8 Regulation 1511 Building Act 1993 Building Regulations 2006 NOTICE OF SUSPENSION OR CANCELLATION OF REGISTRATION UNDER SECTION 182(4) I [insert name] do hereby give notice that on [insert date] my registration as a building practitioner in the category of [insert registration category] class of [insert registration class] was *suspended/cancelled by the Building Practitioners Board. Under section 146 of the Building Act 1993, my *suspension/cancellation of registration did not come into effect until the end of the period for making an appeal or where I chose to lodge an appeal against the decision of the Building Practitioners Board, the Building Appeals Board affirmed the decision. On [insert date] my *suspension/cancellation of registration formally came into effect and therefore under section 182(4) of the Building Act 1993, I am required to give you notice of *my suspension/cancellation of registration. *delete whichever is not applicable. Signature of building practitioner Date Note Under section 175 of the Building Act 1993, while suspended a building practitioner is deemed to not be registered. __________________ Building Regulations 2006 - SCHEDULE 3 Regulation 307 TIME LIMITS FOR BUILDING PERMIT APPLICATIONS
ItemMatterClass 1 or 10 buildingsClass 2-9 buildingsAct provision
1Relevant building surveyor to give reporting authority a copy of an application3 business days5 business daysSchedule 2 clause 4(2)
2Time after receipt of copy of application for reporting authority to report on and consent to application10 business days10 business daysSchedule 2 clause 6
3Time after receipt of copy of application for reporting authority to report on and consent to an application for a matter under Division 2 of Part 4 and regulation 42415 business daysNot applicableSchedule 2 clause 6
4Time after receipt of copy of application for responsible authority to report on and consent to application15 business days15 business daysSchedule 2 clause 6A
5Time for relevant building surveyor to decide application after all reporting authority reports and consents are received or the end of the relevant time prescribed for the supply of those reports and consents whichever is the earlier10 business days15 business dayssection 19
6Further time for applicant to supply a report and consent of a reporting authority to relevant building surveyor3 calendar months6 calendar monthsSchedule 2 clause 5(4)
__________________


Building Regulations 2006
 - SCHEDULE 4



Regulation 308
PRESCRIBED MATTERS REPORTED ON BY PRESCRIBED REPORTING AUTHORITIES

PART 1
PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER
ItemPrescribed matters to be reported on by chief officerRegulation reference
The following fire safety matters if those matters do not meet the deemed-to-satisfy provisions of the BCA-reg. 309(1)
1fire hydrants
2fire hose reels
3fire control centres or fire control rooms
4fire precautions during construction
5fire mains
6control valves
7booster assemblies
8emergency vehicle access
9fire indicator panels
10proscenium curtain drencher systems
11fire services controls in passenger lift cars

PART 1A
PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER
ItemPrescribed matters to be reported on by chief officerRegulation reference
The following bushfire safety matters if those matters do not meet the requirements of regulation 808 or 809-309A(1)
1static water supply for fire fighting purposes
2emergency vehicle access

PART 2
PRESCRIBED MATTERS REPORTED ON BY COUNCIL
ItemPrescribed matters to be reported on by councilRegulation reference
1Building over an easementreg. 310(1)
2Setback from a street alignment not complying with reg. 408reg. 408(3)
3Setback from a street alignment not complying with reg. 409reg. 409(4)
4Building height not complying with reg. 410reg. 410(4)
5Site coverage not complying with reg. 411reg. 411(4)
6Impermeable surfaces covering more than 80% of an allotment areareg. 412(2)
7Car parking spaces not complying with reg. 413reg. 413(6)
8Side or rear boundary setbacks not complying with reg. 414reg. 414(6)
9Walls or carports not complying with reg. 415reg. 415(5)
10Building setbacks not complying with reg. 416 (daylight to existing habitable room window)reg. 416(6)
11Building setbacks not complying with reg. 417 (solar access)reg. 417(6)
12Building design not complying with reg. 418 (overshadowing of recreational private open space)reg. 418(3)
13Window or raised open space not complying with reg. 419 (overlooking)reg. 419(9)
14Building design not complying with reg. 420 (daylight to habitable room window)reg. 420(3)
15Private open space not complying with reg. 421reg. 421(4)
16Siting of appurtenant Class 10a buildings not complying with regulation 422(1)reg. 422(2)
17Front fence height not complying with reg. 424reg. 424(3)
18Fence setback on side or rear boundary not complying with reg. 425reg. 425(3)
19Length or height of side or rear boundary fence not complying with reg. 426reg. 426(5)
20A fence within 9m of an intersection of street alignments and exceeding height of 1m above footpathreg. 427(1)
21Fence setback not complying with reg. 428 (daylight to existing habitable room window)reg. 428(6)
22Fence setback not complying with reg. 429 (solar access)reg. 429(5)
23Fence design not complying with reg. 430 (overshadowing of recreational private open space)reg. 430(3)
24Mast, pole, aerial, antenna, chimney flue pipe or other service pipe that exceeds certain height limitsreg. 431
25Projections beyond street alignmentreg. 513(1), 513(2)
26Buildings above or below certain public facilitiesreg. 515(2)
27Precautions over a streetreg. 604(4)
28Point of discharge of storm waterreg. 610(2)
29Installation or alteration of a septic tank system, or construction of a building over an existing septic tank systemreg. 801(1)
30Construction of buildings on land liable to floodingreg. 802(3)
31Building on designated land or worksreg. 806(1)

PART 3
PRESCRIBED MATTER REPORTED ON BY ELECTRICITY SUPPLY AUTHORITY
ItemPrescribed matter to be reported on by electricity supply authorityRegulation reference
1Provision of substationsreg. 311
__________________



Building Regulations 2006
 - SCHEDULE 5



Regulations 403, 409(1), 410(1),
411(1), 414(1), 421(1), 424(1)
PLANNING SCHEMES
ItemName of zoneName of planning scheme
1Residential 1 Zone (R1Z)
Mixed Use Zone (MUZ)		Bayside Planning Scheme
2Residential 1 Zone (R1Z)Glen Eira Planning Scheme
3Residential 1 Zone (R1Z)
Residential 3 Zone (R3Z)		Kingston Planning Scheme
4Residential 3 Zone (R3Z)Knox Planning Scheme
5Residential 3 Zone (R3Z)Manningham Planning Scheme
6Residential 1 Zone (R1Z)Maroondah Planning Scheme
7Residential 1 Zone (R1Z)
Residential 2 Zone (R2Z)
Mixed Use Zone (MUZ)		Monash Planning Scheme
__________________


Building Regulations 2006
 - SCHEDULE 6



Regulation 1004
TIME LIMITS FOR OCCUPANCY PERMIT APPLICATIONS
ItemMatterClass 1 buildingClass 2-9 buildingsAct provision
1Relevant building surveyor to give reporting authority copy of an application3 business days5 business daysSchedule 2 clause 4(2)
2Time after receipt of copy of application for reporting authority to report on and consent to an application5 business days10 business daysSchedule 2 clause 6
3Time for relevant building surveyor to decide application after all reporting authority reports and consents are received or the end of the relevant time prescribed for the supply of those reports and consents, whichever is earlier2 business days5 business dayssection 43 or section 56
__________________



Building Regulations 2006
 - SCHEDULE 7



Regulation 1503
CATEGORIES/CLASSES OF BUILDING PRACTITIONERS AND QUALIFICATIONS
(1) For the purposes of the Table in this Schedule components of domestic building work include, but are not limited to, any of the following work associated with the construction, renovation, improvement, or maintenance of a home-
(a) the construction or installation of retaining structures, garages, carports, sheds, pergolas, verandahs, patios, stairways, brickwork, internal or external cladding, swimming pools, spas and the like;
(b) the provision of lighting, heating, ventilation, air conditioning and electrical services;
(c) site work involved in relocating an existing home;
(d) door or window installation, sub-floor work, roofing, fencing, bathroom and kitchen renovations and the like.

(2) In the Table in this Schedule special buildings means-
(a) buildings of composite, precast or tilt-up panel construction; or
(b) buildings incorporating prestressed concrete elements; or
(c) stressed skin structures, chimneys, towers, masts or any similar structures.


TABLE

ItemCategory/prescribed class of building practitionerPrescribed qualifications
1Category of building surveyor (unlimited)
(a) a degree in building surveying from a university or institution approved and authorised under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that degree; and		(b) 3 years of practical experience to the satisfaction of the Board
2Category of building surveyor (limited)
(a) an advanced diploma in building surveying from a course accredited under the Education and Training Reform Act 2006; and		(b) 2 years of practical experience to the satisfaction of the Board.
3Category of building inspector (unlimited)
(a) a diploma of building surveying from a course accredited under the Education and Training Reform Act 2006; and		(b) 2 years of practical experience to the satisfaction of the Board
4Category of building inspector (limited)
(a) the following qualifications-
(i) a diploma of building surveying from a course accredited under the Education and Training Reform Act 2006; and
(ii) 2 years of practical experience to the satisfaction of the Board; or		(b) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to inspect the classes and types of buildings or the components of building work specified in the certificate
5Category of quantity surveyor
(a) a degree or diploma in quantity surveying from a university or institution approved and authorised under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that award; and		(b) 2 years of practical experience to the satisfaction of the Board
6Category of engineer, class of civil engineer
(a) the following qualifications-
(i) a degree in civil engineering from a university approved and authorised under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that degree; and
(ii) 3 years of practical experience to the satisfaction of the Board; or		(b) a current certificate of registration as a civil engineer on the National Professional Engineers Register (NPER)
7Category of engineer, class of mechanical engineer
(a) the following qualifications-
(i) a degree in mechanical engineering from a university approved and authorised under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that degree; and
(ii) 3 years of practical experience to the satisfaction of the Board; or		(b) a current certificate of registration as a mechanical engineer on the National Professional Engineers Register (NPER)
8Category of engineer, class of electrical engineer
(a) the following qualifications-
(i) a degree in electrical engineering from a university approved and authorised under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that degree; and
(ii) 3 years of practical experience to the satisfaction of the Board; or		(b) a current certificate of registration as an electrical engineer on the National Professional Engineers Register (NPER)
9Category of engineer, class of fire safety engineer
(a) the following qualifications-
(i) a degree in fire safety engineering from a university approved and authorised under Part 4.3 of the
Education and Training Reform Act 2006 to conduct an accredited course leading to that degree; and
(ii) 3 years of practical experience to the satisfaction of the Board; or		(b) a current certificate of registration as a fire safety engineer on the National Professional Engineers Register (NPER)
10Category of draftsperson, class of building design (architectural)
(a) an advanced diploma in building design from a course accredited under the Education and Training Reform Act 2006; and		(b) 1 year of practical experience to the satisfaction of the Board
11Category of draftsperson, class of building design (interior)
(a) an associate diploma of arts-interior design from a course accredited under the Education and Training Reform Act 2006; and		(b) 1 year of practical experience to the satisfaction of the Board
12Category of draftsperson, class of building design (services)
(a) one of the following qualifications-
(i) an associate diploma of engineering drafting-civil, electrical or mechanical; or
(ii) a certificate IV, diploma or advanced diploma in fire technology from a course accredited under the Education and Training Reform Act 2006; and		(b) 1 year of practical experience to the satisfaction of the Board
13Category of builder, class of commercial builder (unlimited)
(a) the following qualifications-
(i) a degree, diploma or associate diploma of building from a university that is approved and authorised, or TAFE institute that is registered, under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that award; and
(ii) 3 years of practical experience to the satisfaction of the Board; or
(b) the following qualifications-
(i) a certificate of successful completion of the "Course in Builder Registration (BPB)" accredited under the Education and Training Reform Act 2006; and		(ii) 3 years of practical experience to the satisfaction of the Board
14Category of builder, class of commercial builder (limited)a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to construct the components of building work specified in the certificate
15Category of builder, class of domestic builder (unlimited)
(a) the following qualifications-
(i) a degree, diploma or associate diploma of building from a university that is approved and authorised, or TAFE institute that is registered, under Part 4.3 of the Education and Training Reform Act 2006 to conduct an accredited course leading to that award; and
(ii) 3 years of practical experience to the satisfaction of the Board; or
(b) the following qualifications-
(i) successful completion of the "Course in Builder Registration (BPB)" accredited under the Education and Training Reform Act 2006; and
(ii) 3 years of practical experience to the satisfaction of the Board; or		(c) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to carry out, manage or arrange to carry out all components of domestic building work
16Category of builder, class of domestic builder (limited)a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to carry out, manage or arrange to carry out the components of domestic building work specified in the certificate
17Category of builder, class of domestic builder (manager)a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience (including financial management knowledge and experience) to manage or arrange the carrying out by a builder registered under the Act in another class of domestic builder of the components of domestic building work specified in the certificate
18Category of builder, class of demolisher (low rise buildings)
a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to-
(a) demolish buildings having a rise in storeys of not more than 2, excluding special buildings; and		(b) undertake demolition stripping work of not more than 2 storeys of any unoccupied building
19Category of builder, class of demolisher (medium rise buildings)
a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to-
(a) demolish buildings having a rise in storeys of not more than 5, excluding special buildings; and		(b) undertake demolition stripping of any building
20Category of builder, class of demolisher (unlimited)a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to demolish all buildings including the demolition of special buildings and stripping work
21Category of erector or supervisor (temporary structures), class 1-stages or seating stands or equipment platforms or towers fabricated on site from tubes and fittings or other scaffolding components of metals and other materials
(a) an intermediate scaffolding licence issued under the Occupational Health and Safety Regulations 2007; and		(b) 1 year of practical experience to the satisfaction of the Board
22Category of erector or supervisor (temporary structures), class 2-special structures-tents, marquees
(a) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to erect or dismantle or supervise the erection or the dismantling of tents and marquees; and		(b) 2 years of practical experience to the satisfaction of the Board
________________



Building Regulations 2006
 - SCHEDULE 8



Regulations 1801, 1802
EXEMPTIONS FOR BUILDINGS AND BUILDING WORK
TABLE
ItemDescription of building or building work exempted from building permit and occupancy permitBuilding regulations that building or building work exempted from
1Construction of a freestanding Class 10a building that-
(a) has a floor area not exceeding 10m2; and
(b) is no more than 3m in height or, if situated within 1m of a boundary, is no more than 2×4m in height; and
(c) is appurtenant to a building of another Class on the same allotment; and
(d) is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and
(e) is not constructed of masonry.
Note: The consent of a service authority may be required to construct a Class 10a building 10m2 or less in area over an easement vested in that authority under another Act or within 1m laterally of any works of a water supply authority.		All Parts
2Demolition of a freestanding Class 10 building that-
(a) is not constructed of masonry; and
(b) does not exceed 40m2 in floor area; and
(c) will not adversely affect the safety of the public or occupiers of the building; and
(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995.
Note: This building work may require approval from the Executive Director within the meaning of the Heritage Act 1995 under that Act.
Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987.		All Parts
3Repair, renewal or maintenance of a part of an existing building, if the building work-
(a) will not adversely affect the structural soundness of the building, and does not include-
(i) an increase or decrease in the floor area or height of the building; or
All Parts
(ii) underpinning or replacement of footings; or
(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
(b) is done using materials commonly used for the same purpose as the material being replaced; and
(c) will not adversely affect the safety of the public or occupiers of the building; and
* * * * *
(e) will not adversely affect an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12.
Note: Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.
If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995.		Sch. 8
4Alterations to a building, if the building work-
(a) will not adversely affect the structural soundness of the building, and does not include-
(i) an increase or decrease in the floor area or height of the building; or
(ii) underpinning or replacement of footings; or
(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
(b) will not project beyond the street alignment; and
(c) will not adversely affect the safety of the public or occupiers of the building; and
(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995; and
(e) is not work in relation to, and will not adversely affect, an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12.
Note: Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be
Parts 2 to 20
required to be maintained using particular materials.		If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995.
5Any building that is not of a Class listed in clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA.All Parts
6A building used only temporarily for the duration of building work for-
(a) construction purposes; or
(b) display purposes.		All Parts
7Temporary structures other than those to which regulation 1104 applies.All Parts
8A swimming pool with a depth not exceeding 300mm.All Parts
9A relocatable swimming pool that is erected temporarily in an area that is enclosed by barriers complying with AS 1926.1-1993 Swimming Pool Safety Part 1: Fencing for swimming pools, published 26 July 1993, as published from time to time.
Note: This exemption applies only to the relocatable swimming pool and not to the barriers.		All Parts
10A fence, screen or structure similar to a fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)-
(a) not exceeding 2m in height; and
(b) not exceeding 1×5m in height when within 3m of a street (which is not a lane, footway, alley or right of way) alignment and which is not constructed of masonry, concrete or the like; and
(c) not exceeding 1×2m in height when within 3m of a street (which is not a lane, footway, alley or right of way) alignment and which is constructed of masonry, concrete or the like; and
(d) not exceeding 1m in height above the footpath when within 9m of a point of intersection of street alignments; and
(e) not having barbed wire or the like when adjacent to a street alignment.		All Parts except reg. 424(1) and Schedule 5
11A chain wire fence surrounding a tennis court.All Parts
12Any sign that is-
(a) less than 3m from a street alignment and does not exceed 1m in height above ground level; or
All Parts
(b) not less than 3m from a street alignment and does not exceed-
(i) a height of 8m above ground level; and		(ii) 6m2 in display area.
13Any mast, pole, antenna, aerial or similar Class 10b structure-
(a) attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or
(b) not attached to a building and which does not exceed a height of 8m.		All Parts
14Any facility (within the meaning of paragraph (b) of the definition of facility in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section).Parts 2 to 20 except Part 4
15Any retaining wall less than 1m in height that is not associated with other building work or with protection of adjoining property.Parts 2 to 20 except reg. 606
16A pergola that-
(a) is not more than 3×6m in height; and
(b) in the case of a pergola that is appurtenant to a Class 1 building, is located no further forward on the allotment than 2.5m forward of the front wall of that building; and
Parts 2 to 20
(c) in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and		(d) has a floor area not exceeding 20m2.
17Installation of a wood or solid fuel household heating appliance.
Note: Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber.		Parts 2 to 20
18A re-locatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if-
(a) the building has a floor area not exceeding 30m2; and
(b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and
(c) the building or building work will not adversely affect the structural soundness of that, or any other building; and
(d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and
Parts 2 to 20
(e) the building is set back from an allotment boundary not less than 1m; and
(f) the building does not exceed a height of 3×6m; and		(g) the building work will not involve construction over an easement vested in the council or other authority specified in regulation 310.
19A relocatable building used as a State School (within the meaning of the Education Act 1958), a school (within the meaning of Part III of that Act), or a TAFE Institution (within the meaning of the Vocational and Education Training Act 1990) if-
(a) the building has a floor area not exceeding 300m2; and
(b) the building or building work will not adversely affect the structural soundness of that, or any other building; and
(c) the building or building work will not adversely affect the safety of the public or the occupiers of the building.		Parts 2 to 20
---------------




BUILDING REGULATIONS 2006
 - NOTES



ENDNOTES

1. General Information
The Building Regulations 2006, S.R. No. 68/2006 were made on 6 June 2006 by the Governor in Council under sections 7, 9, 15A, 75H, 261 and 262 of, and Schedule 1 to, the Building Act 1993, No. 126/1993 and came into operation 13 June 2006: regulation 103.
The Building Regulations 2006 will sunset 10 years after the day of making on 6 June 2016 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Building Regulations 2006 by statutory rules, subordinate instruments and Acts.
-------------------------------------------------------------
Building (Amendment) Regulations 2006, S.R. No. 136/2006
Date of Making:
10.10.06
Date of Commencement:
10.10.06
Building (Amendment) Regulations 2007, S.R. No. 115/2007
Date of Making:
9.10.07
Date of Commencement:
1.11.07: reg. 3
Building Amendment Regulations 2008, S.R. No. 126/2008
Date of Making:
22.10.08
Date of Commencement:
24.11.08: reg. 3
Building Amendment (Bushfire Construction) Interim Regulations 2009, S.R. No. 25/2009
Date of Making:
10.3.09
Date of Commencement:
Regs 4-7 on 11.3.09: reg. 3(1)
Building Amendment (Fees) Regulations 2009, S.R. No. 79/2009
Date of Making:
30.6.09
Date of Commencement:
1.7.09: reg. 3
Building Amendment Regulations 2009, S.R. No. 91/2009
Date of Making:
26.8.09
Date of Commencement:
1.9.09: reg. 3
Building Amendment (Bushfire Construction) Further Interim Regulations 2009, S.R. No. 105/2009
Date of Making:
1.9.09
Date of Commencement:
Regs 4-7 on 1.9.09: reg. 3(1)
-------------------------------------------------------------
3. Explanatory Details
Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004
The following table of applied, adopted or incorporated matter was included in S.R. No. 68/2006 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
In this table-
Building Code of Australia means the Building Code of Australia published by the Australian Building Codes Board-
(a)	as amended or remade from time to time; and
(b)	as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time;
Commission means the Building Commission established under Part 12 of the Building Act 1993.
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 105
Definition of fire performance requirement
Building Code of Australia
Performance requirement BP1.1, DP2, DP3, DP4 or DP6 (to the extent that it relates to fire safety).
Performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 of Volume One; and

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document

Performance requirement P2.1, P2.3.1 or P2.3.2 of Volume Two (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building)
Regulations 106, 109, 110, 111, 112 and 113
Building Code of Australia
Whole
Regulation 305(b)
Building Code of Australia
Clause A2.2 of Volume One; and
Clause 1.2.2 of Volume Two
Regulations 409, 410, 411, 414, 421 and 424 and Schedule 5
Bayside Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time
Schedule to Residential 1 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document

Glen Eira Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time
Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone

Kingston Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time
Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone

Maroondah Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time
Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone



Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document

Monash Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time
Schedule to Residential 1 Zone, Residential 2 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones
Regulation 607(1)
AS 2601-2001 The demolition of structures, published 13 September 2001, as published from time to time
Whole
Regulation 609(1)
Building Code of Australia
Section D of Volume One
Regulation 611
Building Code of Australia
Performance requirement P2.3.1 of Volume Two
Regulation 613(1)(a)(i)
AS 2082-2000 Timber-Hardwood-Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time
Whole
Regulation 613(1)(a)(ii)
AS 2858-2004 Timber-Softwood-Visually graded for structural purposes, published 14 April 2004, as published from time to time
Whole

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 613(1)(a)(iii)
AS/NZS 1748:1997 Timber-Stress-graded-Product requirements for mechanically stress-graded timber, published 5 November 1997, as published from time to time
Whole
Regulation 613(1)(b)(ii)
AS 2082-2000 Timber-Hardwood-Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time
Whole

AS 2858-2004 Timber-Softwood-Visually graded for structural purposes, published 14 April 2004, as published from time to time
Whole
Regulation 613(1)(b)(iii)
AS 1613-2005 Timber-Colours for marking F-grades, published 13 September 2005, as published from time to time
Whole
Regulation 613(2)(c)
AS 1720.1-1997 Timber structures (SAA Timber Structures Code)-Design methods, published 5 November 1997, as published from time to time
Whole
Regulation 703(b)
AS 1926.1-1993 Fencing for swimming pools, published 26 July 1993, as published from time to time
Whole
Regulation 707(2)
AS 3786-1993 Smoke alarms, published 13 April 1993, as published from time to time
Whole

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 707(3)
Practice Note
2006-27 issued by the Commission in May 2006
Whole
Regulation 708(2)
AS 2118.4-1995 Automatic fire sprinkler systems-Part 4: Residential, published 5 April 1995, as published from time to time
Whole
Regulation 708(3)
Practice Note 2006-07 issued by the Commission in May 2006
Whole
Regulation 709(2)(a)
AS 3786-1993 Smoke alarms, published 13 April 1993, as published from time to time
Whole
Regulation 709(2)(b)
AS 1670.1-2004 Fire detection, warning, control and intercom systems-System design, installation and commissioning-Part 1: Fire, published 29 April 2004 as published from time to time
Whole
Regulation 709(3)
Practice Note
2006-27 issued by the Commission in May 2006
Whole
Regulation 709(5)
Building Code of Australia
Clause 6 of Specification E2.2a of Volume One



Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 710(2)
AS 2118.1-1999 Automatic fire sprinkler systems-Part 1: General requirements, published 5 December 1999, as published from time to time
Whole

AS 2118.4-1995 Automatic fire sprinkler systems-Part 4: Residential, published 5 April 1995, as published from time to time
Whole
Regulation 710(6)
Building Code of Australia





AS 2444-2001 Portable fire extinguishers and fire blankets-Selection and location, published 9 November 2001, as published from time to time
Practice Note 2006-13 issued by the Commission in May 2006
Clauses E1.4, G4.4 and E4.2 of Volume One.
Deemed-to-satisfy provisions of Part E4 of Volume One
Whole



Whole




Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 710(7)
Building Code of Australia
Clauses E1.4, G4.4 and E4.2 of Volume One.
Deemed-to-satisfy provisions of Part E4 of Volume One

Practice Note 2006-13 issued by the Commission in May 2006
Whole
Regulation 1202 definition of essential safety measure
Building Code of Australia
Tables I1.1 to I1.11 of Volume One, except the item in Table I1.4 relating to artificial lighting; and
Clause I1.2 of Volume One
Regulations 1801, 1802 and item 5 of Schedule 8
Building Code of Australia
Clause A3.2 of Volume One
Clause 1.3.2 of Volume Two
Regulation 1808(3)
Building Practitioners' Insurance Ministerial Order published 12 May 2005
Whole



Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004
The following table of applied, adopted or incorporated matter was included in S.R. No. 115/2007 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 12 which substitutes new Schedule 5 to the Building Regulations 2006
Bayside Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time





Glen Eira Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time



Schedules to Residential 1 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones
Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone




Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document

Kingston Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time





Knox Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time



Manningham Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time



Schedules to Residential 1 Zone and Residential 3 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones
Schedule to Residential 3 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone
Schedule to Residential 3 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document

Maroondah Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time



Monash Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time
Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone
Schedules to Residential 1 Zone, Residential 2 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones





Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004
The following table of applied, adopted or incorporated matter was included in S.R. No. 25/2009 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
In this table-
"Building Code of Australia" means the Building Code of Australia published by the Australian Building Codes Board-
(a)	as amended or remade from time to time; and
(b)	as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time.
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 4 which inserts regulation 114 into the Building Regulations 2006
Volume One of the BCA



Volume Two of the BCA

AS 3959-2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009 as incorporated by the BCA
Table 1 in Specification A1.3
Part G5
Table 1.4.1
Clauses F2.3.4, P2.3.4 and 3.7.4.0
The whole



Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004
The following table of applied, adopted or incorporated matter was included in S.R. No. 105/2009 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 6 which inserts regulation 808 into the Building Regulations 2006
Australian Standard 3959-2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009
Section 2 clause 2.2 Appendix B













INDEX

Subject

Regulation

Act (def.)
105
Adjoining properties - Protection work
602-603, Sch. 2
Aerials See Masts, poles, aerials, antennas

Allotments

application of Part 5, Division 1
501
combined allotments
326-327, 502
definition
105
details required for building permit applications
302-305
Alpine areas See Designated special areas

Alterations

affecting exits and paths to exits
609
building permit applications for
303
car parking spaces not to be reduced by
413
definition
105
exemptions from permits, regulations
Sch. 8
extensions of single-storey external walls
611
general requirements
608
Antennas See Masts, poles, aerials, antennas

Appeals
1601-1604
Architectural features
505, 513
Authorised officers
1702
Awnings
508, 513
Balconies
419, 506, 513
BCA See Building Code of Australia

Booths See Temporary structures

Builders

categories, qualifications
1503, Sch. 7
change of name, address
318
exemptions from certain insurance requirements
1807-1809
exemptions from registration
1810-1812
testing of materials used in building work
601
Building Appeals Board
1601-1604
Building Code of Australia

adoption, compliance with
109-113
Board as accrediting body
1402
definition of BCA
105
use of BCA terms
106
Building envelopes
305, 402, 406
Building infringements See Infringements

Building notices
904
Building orders
905-906
Building permits

applications
301-307, Sch. 2, Sch. 3
bonds, guarantees as condition of
323
change of name, address of persons issued to
318
commencement, completion of work under
313, 315
copies of permit, other documents regarding
314, 316-317
documents, information kept, provided by councils
319-320, 324-327
exemptions
1801, 1803, 1804, 1806, Sch. 8
fees
312, 320
forms
313, Sch. 2
information for Commission
321-322
issue
313, Sch. 2
lapse
315, 322
levies
321
mandatory notification stages set out in
313, 901
prescribed matters reported on by prescribed reporting authorities

308-312, Sch. 4
regarding

alterations to existing buildings
303
buildings above, below public facilities
515
buildings over easements
310
construction of buildings
302, 305
demolition, removal of buildings
304
fire safety matters
309, 309A, 808, 809, Sch. 4
non-complying single Class 1 and associated Class 10a building

408-422
non-complying Class 10b buildings
424-431
precautions erected over street alignment during building work

604
projections
513
septic tank systems
801
special areas
305, 802-806
stages of building work
306, 315
stormwater drainage
610
reports on need for electricity sub-stations
311, Sch. 4
Building practitioners

cancellation, suspension of registration
1510, 1511, Sch. 2
categories, classes of
1503, Sch. 7
certificates of compliance issued by
111, 1505-1507
character information for registration
1509
evidence of certificates for building permits
305
exemptions
1807-1814
fees for duplicate certificates issued to
1508
professional standards
1502
qualifications
1503, Sch. 7
requests for certain information from councils
326-327
See also Building surveyors

Building Practitioners Board
204, 1501
Building products - Accreditation

application of Part 14, Division 2
1403
applications
1404
BCA Board as prescribed body for
1402
certificates
1406
confidentiality of information
1410
definitions
1401
false claims
1411
fees
1405

records regarding
1409
register of accredited products
1407
revocation
1408
Building Regulations Advisory Committee
110, 1403-1411
Building surveyors

directions by
902
exempted from giving documents to councils
1805
municipal building surveyors
502, 503, 606, 903, 1009, 1011, 1211, 1702
powers, duties regarding

alterations to existing buildings
608-609
building notices
904
building orders
905-906
building permits
302, 304-306, 311, 313-315, 319-322
certificates of final inspection
322, 1012, 1015
change of use of buildings, places
1011
classification of buildings
112
combined allotments
502
demolition
607
emergency orders
903
essential safety measures, maintenance
1203-1204, 1206, 1211
excavations
605
fire performance requirements
113
fire sprinkler
309
levies, information for Commission
321-322
mandatory notification stages for inspection
901, 1012
materials used in construction work
601
occupancy permits
1008, 1009, 1012-1014
pile-driving operations
612
protection of adjoining properties
602-603
protection of public during building work
604
retaining walls
606
stormwater drainage
610
subdivisions of existing buildings
503
private building surveyors
502, 503, 1011, 1504
qualifications
1503, Sch. 7
Building work

branding of timber used in structural work
613
certificates of civil engineers
603
certificates of compliance
111, 1505-1507
copies of permit, documents for person in charge
316
directions regarding
902
display of permit, other information at site of
317
excavations
604-606
exemptions from permits, regulations
1801, 1802, Sch. 8
in special areas
802-807
information for Commission
322
mandatory notification stages
313, 326, 901, 1012
orders, notices regarding
903-906
pile driving
612
protection of adjoining properties
602-603, Sch. 2
protection of public
305, 604
stormwater drainage
610
testing of materials used in
601
time limits on commencement, completion
313, 315
See also Alterations; Certificates of final inspection;
Demolition and removal; Fire safety;
Swimming pools and spas; Walls

Buildings

above, below certain public facilities
515
change of use
1011
classification
112
references to purpose of
108
Bus terminals
515
Bushfire prone areas See Designated special areas

Car parking spaces
302, 413
Carports
414-416, 420, 426
Certificates of compliance
111, 1505-1507
Certificates of consent
201-204
Certificates of final inspection

application of Part 10
1001
copies, documents for councils
1012
exemptions
1804
form
1006, Sch. 2
information for Commission
322
information from councils regarding
326-327
notice to chief officer of issue of
1015
Certificates of title
305
Chief officer

as authorised officer
1702
as prescribed reporting authority and prescribed  matters reported on by

308-309A, Sch. 4
inspection of essential safety measures records
1211
notice of certificates of final inspection
1015
powers, functions regarding occupancy permits
1003, 1009
Chimneys
414, 431
Class 1 buildings

commencement, completion of building work for
315
extension of single-storey external walls
611
fees for appeals regarding
1602
fire safety
707
maximum street setback
408
siting of single Class 1 buildings
401, 405, 407-421
swimming pools, spas appurtenant to
702, 1219-1220
Class 1a buildings
309A, 808, 809, 1001
Class 1b buildings
707, 709, 1007, 1009, 1201, 1212, 1218
Class 2 buildings
609, 702, 707, 1001, 1007, 1009, 1201, 1212, 1218-1220
Class 3 buildings
609, 702, 707, 709-710, 1001, 1007, 1009, 1201, 1212, 1218-1220
Class 4 buildings
609, 702, 707, 1201, 1219-1220
Class 5 buildings
609, 1007, 1009, 1201, 1212, 1218
Class 6 buildings
609, 1007, 1009, 1201, 1212, 1218
Class 7 buildings
609, 1007, 1009, 1201, 1212, 1218
Class 8 buildings
609, 1007, 1009, 1201, 1212, 1218
Class 9 buildings
609, 1007, 1009, 1201, 1212, 1218
Class 9a buildings
709
Class 9b buildings
1102
Class 10 buildings

commencement, completion of building work for
315
detached buildings in termite risk areas
803
exemptions for builders of
1811-1812
exemptions from permits, regulations
1804, Sch. 8
exemptions from requirements for special areas
802-803
fees for appeals regarding
1602
occupancy permits not required for
1001
siting of associated Class 10 buildings
401, 405, 407-421
swimming pools, spas appurtenant to
702, 1219-1220
Class 10a buildings
407-422, Sch. 8
Class 10b buildings
423-431, 511, 513, 1811-1812
Commissioner
1702
Committee See Building Regulations Advisory Committee

Cooling equipment
414, 417
Cooling tower systems
1301-1304
Councils

as prescribed reporting authority and prescribed matters reported on by

308, Sch. 4
powers, duties, functions regarding

building permits
308, 310, 324-326, 610, Sch. 4
buildings above, below public facilities
515
documents, information given to, kept, provided by

319-320, 324-327
exemptions for farm buildings
1804
non-complying Class 1, Class 10a buildings
408-422
non-complying Class 10b buildings
424-431
occupancy permits
1003, 1010-1014

precautions erected over street alignment during building work

604
projections
513
septic tanks
801
special areas
802-807
Decks
409, 411, 419
Definitions
105, 310, 402, 417-419, 429, 430, 512, 701, 706, 806, 807, 1202, 1203, 1208, 1213, 1401, 1501, 1807, 2003, Sch. 7
Demolition and removal

bonds, guarantees for
323
building permit applications for
304
exemptions from permits, regulations
Sch. 8
general requirements, precautions
607
Designated land or works
See Designated special areas

Designated special areas

alpine areas
805
building permit applications for allotments in
305
bushfire prone areas
114, Sch. 1A
definition
807
designated land or works
806
flood areas
802
information from councils regarding
326-327
mapping
807
termite risk areas
803
Domestic building work

certificates of compliance
1506
certificates of consent for owner builders
201-204
classes of builders, qualifications
Sch. 7
exemptions for certain builders, draftspersons
1808-1811, 1813
under major domestic building contracts
1808, 1811
See also Multi-storey residential buildings

Draftspersons
1813-1814, Sch. 7
Drains and drainage
105, 302, 310, 610
Easements
310
Eaves
409, 411, 414
Electricity supply authorities
105, 308, 310-311,
Sch. 4
Emergency orders
903
Essential safety measures

annual reports
1208-1211, 1214-1216, 2001
application of Part 12, Division 1, Subdivision 1
1201
as condition of occupancy permit
1203
consolidated list
1206
definition
1202, 1213
in buildings, places constructed before 1 July 1994
1212-1217


maintenance requirements
1203-1206, 1217
maintenance schedules, determinations
1202, 1204, 1206, 1207
records regarding maintenance, service work
1211, 1216
Excavations
604-606
Exits
609, 1218
Farm land, buildings
105, 1804
Fascias
409, 411, 414
Fences

definition
402
Class 10b buildings

height of front fences
424
on street alignments
427
overshadowing of private open space
430
setbacks from habitable room windows
428-429
setbacks from side, rear boundaries
425
within 150mm of side, rear boundaries
426
exemptions from permits, regulations
Sch. 8
for building work over designated land or works
806
for excavations
604
for swimming pools and spas
703-705, 1220
height (def.)
105
Fire safety

connections to fire stations
708, 1003, 1015
emergency vehicle access
309A, 809
fire performance requirements
105, 113
in building permits
309, 309A, Sch. 4
requirements in certain residential buildings
706-710
smoke alarms, smoke detection systems
707, 709
sprinkler systems
708, 710
water supply for fire fighting purposes
309A, 808
See also Essential safety measures

Flood areas See Designated special areas

Floodplain management authorities
105, 802
Flues
414, 417, 431
Footings
514
Forms
105, 1901, Sch. 2
Fuel tanks (domestic)
414, 417
Gas supply authorities
105, 310
Gutters
409, 411, 414
Heating equipment
414, 417, Sch. 8
Height of buildings

Class 1 single, associated Class 10a buildings
410, 415
definition
105
Impermeable surfaces See Permeability

Infringements
1701-1703, 1705, Sch. 2
Landings
409, 414, 419
Light See Private open spaces; Windows

Maintenance See Essential safety measures

Major domestic building contracts
1808, 1811


Mandatory notification stages See Building work

Marquees See Temporary structures

Masts, poles, aerials, antennas
431, 1812, Sch. 8
Mortgagees
325-327
Multi-storey residential buildings
1807-1809
Municipal councils See Councils

Occupancy permits

application of Part 10
1001
applications
1002-1004, Sch. 2, Sch. 6
applications by prescribed places of public entertainment

1103
change of use of buildings required to have
1011
conditions regarding essential safety measures
1203
conditions regarding places of public entertainment
1105
display, availability for inspection
1007-1009
documents regarding
1010, 1012-1014
exemptions
1801, Sch. 8
form
1005, Sch. 2
reporting authorities
1003
Occupiers
1220
Overlooking
419
Overshadowing
418, 430
Owner builders
201-204, 1809
Owners

definitions
701, 706
rights, duties regarding

change of name, address
318
copies of building permits, related documents
314, 325-327
essential safety measures, maintenance
1205-1217
fire safety in certain residential buildings
706-710
occupancy permits
1007
protection of adjoining property
602-603, Sch. 2
retaining walls
606
swimming pools and spas
701-705
testing of materials used in construction
601
Parking See Car parking spaces

Patios
411, 419
Pergolas

definition
105
encroachment into setback distances
409, 414
exemptions from permits, regulations
Sch. 8
not included in site coverage calculations
411
Permeability
302, 412
Pile-driving
612
Pipes
414, 417, 431, 509, 513
Places of public entertainment

application of Part 11
1101
change of use
1011
maintenance of exits
1218
prescribed classes of buildings, places, structures
1102-1104

safety officers as condition of use
1105
structural design of temporary structures
1106
See also Certificates of final inspection;
Essential safety measures;
Occupancy permits

Planning schemes and permits

construction in special areas regulated by
802
projections regulated by
513
references to planning schemes
403
siting matters regulated by
401-403, 406, 409-411, 414, 421, 424, Sch. 5
Wildfire Management Overlays
309A, 808, 809
Platforms See Temporary structures

Poles See Masts, poles, aerials, antennas

Porches
409, 414
Prefabricated buildings See Temporary structures

Private open spaces

definitions
105, 418-419, 430
in building permit applications
302
minimum areas, dimensions
421
overlooking
419
overshadowing
418, 430
Projections

architectural features
505
beyond street alignment
504
buildings into car parking spaces
413
council's report and consent required
513
footings
514
service cabinet doors
512
service pipes and rainwater heads
509
shutters
510
signs
511
sunblinds and awnings
508
verandahs
507
windows and balconies
506
Protection work
See Adjoining properties - Protection work

Public facilities

construction of buildings above, below
515
Railways

construction of buildings above, below
515
Rainwater heads
509, 513
Ramps
414
Recreational private open space
See Private open spaces

Re-erection of buildings
315, 323
Registrar See Building Practitioners Board

Regulations

authorising provisions
102
commencement
103
exemptions
1802-1804, Sch. 8
numerical values prescribed in
107
objectives
101
revocations
104, Sch. 1
transitional provisions
2001-2003
Relocatable buildings
Sch. 8
Removal of buildings See Demolition and removal

Residential buildings

fire safety requirements
706-710
multi-storey residential buildings
1807-1809
Residential care buildings
708-709
Retaining walls
606, 806, Sch. 8
Revocations
104, Sch. 1
Seating stands See Temporary structures

Screens
409, 414, 419,
Sch. 8
Septic tank systems
105, 801, 1003
Service authorities
310
Service cabinet doors
512, 513
Service installations
509, 513
Service pipes See Pipes

Setbacks

Class 1 buildings, associated Class 10a buildings

from existing habitable room windows
416-417
side and rear setbacks
414
street setbacks
408-409
definition
105
fences
425, 427-429
Sewerage authorities
105, 310
Shade sails
409, 414
Shared accommodation buildings
710
Shutters
510, 513
Signs
511, 513, 1811, Sch. 8
Single dwellings See Class 1 buildings

Site coverage
105, 411
Siting

application of Part 4
401
Class 1 single and associated Class 10a buildings
407-422
Class 10b buildings
423-431
dealt with by approved building envelopes
402, 406
references to existing buildings in Part 4
404
regulated by planning schemes
401, 403, 409, 411, 414, 421, 424,
Sch. 5
Smoke alarms, smoke detection systems
707, 709
Sole occupancy units
706-707, 710, 1001, 1201
Spas See Swimming pools and spas

Special areas See Designated special areas

Sprinkler systems
309, 708, 710
Stages See Temporary structures

Stairways
414
Steps
409
Storm water See Drains and drainage

Street setbacks See Setbacks

Streets

construction of buildings above, below
515
definition
105, 409
See also Projections; Setbacks

Subdivision of existing buildings
326-327, 503
Sunblinds
409, 414, 508, 513
Survey plans
305
Swimming pools and spas

application of Part 7, Division 1
702
completion of building work for
315
constructed, approved before 8 April 1991
701-705
exemptions from permits, regulations
Sch. 8
fences, other barriers
703-705
maintenance
1219-1220
not included in site coverage calculations
411
owners (def.)
701
Temporary structures

certificates of compliance
1506
exemptions from permits, regulations
1803, Sch. 8
prescribed classes, structures
1102, 1104
structural design
1106
Tents See Temporary structures

Termite risk areas See Designated special areas

Terraces
411, 419
Timber
613
Transitional provisions
2001-2003
Verandahs
409, 414, 420, 507, 513
Walls

boundary walls
415
demolition of external walls on street alignments
607
extensions of single-storey external walls
611
fences abutting
426
height (def.)
105
retaining walls
606, 806, Sch. 8
setbacks from habitable room windows
416
used as barriers to swimming pools, spas
703-705
Water supply authorities
105, 310
Water tanks
414, 417, 808
Waterway management authorities (def.)
806
Windows

daylight to habitable room windows
416, 420
in walls used as barriers to swimming pools, spas
703, 705
overlooking to, from habitable room windows
419
projections beyond street alignment
506, 513
projections of shutters
510, 513
setbacks of Class 1 buildings from
416-417
setbacks of fences
428-429

??

??






Building Regulations 2006
S.R. No. 68/2006